§63.702 47 cfr ch. i (10–1–97 edition)tscm.com/47cfr64.pdf · 174 §63.702 47 cfr ch. i...

174

47 CFR Ch. I (10–1–97 Edition)§ 63.702

leased from another entity, or other ar-rangement and a description of the ar-rangement.

[51 FR 18448, May 20, 1986]

§ 63.702 Form.Application under § 63.701 shall be

submitted in the form specified in§ 63.53 for applications under section 214of the Communications Act.

[51 FR 18448, May 20, 1986]

PART 64—MISCELLANEOUS RULESRELATING TO COMMON CARRIERS

Subpart A—Traffic Damage Claims

Sec.64.1 Traffic damage claims.

Subpart B—Restrictions on IndecentTelephone Message Services

64.201 Restrictions on indecent telephonemessage services.

Subpart C—Furnishing of Facilities to For-eign Governments for InternationalCommunications

64.301 Furnishing of facilities to foreigngovernments for international commu-nications.

Subpart D—Procedures for Handling PriorityServices in Emergencies

64.401 Policies and procedures for provision-ing and restoring certain telecommuni-cations services in emergencies.

Subpart E—Use of Recording Devices byTelephone Companies

64.501 Recording of telephone conversationswith telephone companies.

Subpart F—Telecommunications RelayServices and Related Customer Prem-ises Equipment for Persons With Dis-abilities

64.601 Definitions.64.602 Jurisdiction.64.603 Provision of services.64.604 Mandatory minimum standards.64.605 State certification.64.606 Furnishing related customer premises

equipment.64.607 Provision of hearing aid compatible

telephones by exchange carriers.64.608 Enforcement of related customer

premises equipment rules.

Subpart G—Furnishing of Enhanced Serv-ices and Customer-Premises Equip-ment by Communications CommonCarriers; Telephone Operator Services

64.702 Furnishing of enhanced services andcustomer-premises equipment.

64.703 Consumer information.64.704 Call blocking prohibited.64.705 Restrictions on charges related to the

provision of operator services.64.706 Minimum standards for the routing

and handling of emergency telephonecalls.

64.707 Public dissemination of informationby providers of operator services.

64.708 Definitions.

Subpart H—Extension of Unsecured Creditfor Interstate and Foreign Communica-tions Services to Candidates for Fed-eral Office

64.801 Purpose.64.802 Applicability.64.803 Definitions.64.804 Rules governing the extension of un-

secured credit to candidates or personson behalf of such candidates for Federaloffice for interstate and foreign commoncarrier communication services.

Subpart I—Allocation of Costs

64.901 Allocation of costs.64.902 Transactions with affiliates.64.903 Cost allocation manuals.64.904 Independent audits.

Subpart J—International Settlements Policyand Modification Requests

64.1001 International settlements policy andmodification requests.

64.1002 Alternative settlement arrange-ments.

Subpart K—Changing Long DistanceService

64.1100 Verification of orders for long dis-tance service generated by telemarket-ing.

64.1150 Letter of agency form and content.

Subpart L—Restrictions on TelephoneSolicitation

64.1200 Delivery restrictions.64.1201 Restrictions on billing name and ad-

dress disclosure.

Subpart M—Provision of payphone service.

64.1300 Payphone compensation obligation.64.1301 Payphone compensation.64,1310 Payphone compensation procedures.

VerDate 06<NOV>97 10:13 Nov 14, 1997 Jkt 174181 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:\SGML\174181.TXT pfrm07

175

Federal Communications Commission § 64.1

64.1320 Payphone compensation verificationand reports.

64.1330 State review of payphone entry andexit regulations and public interestpayphones.

64.1340 Right to negotiate.

Subpart N—Expanded Interconnection

64.1401 Expanded interconnection.64.1402 Rights and responsibilities of inter-

connectors.

Subpart O—Interstate Pay-Per-Call andOther Information Services

64.1501 Definitions.64.1502 Limitations on the provision of pay-

per-call services.64.1503 Termination of pay-per-call and

other information programs.64.1504 Restrictions on the use of toll-free

numbers.64.1505 Restrictions on collect telephone

calls.64.1506 Number designation.64.1507 Prohibition on disconnection or

interruption of service for failure toremit pay-per-call and similar servicecharges.

64.1508 Blocking access to 900 service.64.1509 Disclosure and dissemination of pay-

per-call information.64.1510 Billing and collection of pay-per-call

and similar service charges.64.1511 Forgiveness of charges and refunds.64.1512 Involuntary blocking of pay-per-call

services.64.1513 Verification of charitable status.64.1514 Generation of signalling tones.64.1515 Recovery of costs.

Subpart P—Calling Party TelephoneNumber; Privacy

64.1600 Definitions.64.1601 Delivery requirements and privacy

restrictions.64.1602 Restrictions on use and sale of tele-

phone subscriber information providedpursuant to automatic number identi-fication or charge number services.

64.1603 Customer notification.64.1604 Effective date.

Subpart Q—Implementation of Section273(d)(5) of the Communications Act:Dispute Resolution Regarding Equip-ment Standards

64.1700 Purpose and scope.64.1701 Definitions.64.1702 Procedures.64.1703 Dispute resolution default process.64.1704 Frivolous disputes/penalties.

Subpart R—Geographic Rate Averagingand Rate Integration

64.1801 Geographic rate averaging and rateintegration.

Subpart S—Nondominant InterexchangeCarrier Certifications Regarding Geo-graphic Rate Averaging and Rate In-tegration Requirements

64.1900 Nondominant interexchange carriercertifications regarding geographic rateaveraging and rate integration require-ments.

Subpart T—Separate Affiliate Requirementsfor Incumbent Independent Local Ex-change Carriers That Provide In-Re-gion, Interstate Domestic Inter-exchange Services or In-Region Inter-national Interexchange Services

64.1901 Basis and purpose.64.1902 Terms and definitions.64.1903 Obligations of all incumbent inde-

pendent local exchange carriers.APPENDIX A TO PART 64—TELECOMMUNI-

CATIONS SERVICE PRIORITY (TSP) SYSTEMFOR NATIONAL SECURITY EMERGENCY PRE-PAREDNESS (NSEP)

AUTHORITY: 47 U.S.C. 154, 254(k); secs.403(b)(2)(B), (c), Public Law 104–104, 110 Stat.56. Interpret or apply 47 U.S.C. secs 201, 218,226, 228, and 254(k) unless otherwise noted.

SOURCE: 28 FR 13239, Dec. 5, 1963, unlessotherwise noted.

Subpart A—Traffic DamageClaims

§ 64.1 Traffic damage claims.(a) Each carrier engaged in furnish-

ing radio-telegraph, wire-telegraph, orocean-cable service shall maintain sep-arate files for each damage claim of atraffic nature filed with the carrier,showing the name, address, and natureof business of the claimant, the basisfor the claim, disposition made, and allcorrespondence, reports, and recordspertaining thereto. Such files shall bepreserved in accordance with existingrules of the Commission (part 42 of thischapter) and at points (one or more) tobe specifically designated by each car-rier.

(b) The aforementioned carriers shallmake no payment as a result of anytraffic damage claim if the amount ofthe payment would be in excess of the


176

47 CFR Ch. I (10–1–97 Edition)§ 64.201

total amount collected by the carrieron the message or messages from whichthe claim arose unless such claim bepresented to the carrier in writingsigned by the claimant and settingforth the reason for the claim.

Subpart B—Restrictions on Inde-cent Telephone MessageServices

§ 64.201 Restrictions on indecent tele-phone message services.

(a) It is a defense to prosecution forthe provision of indecent communica-tions under section 223(b)(2) of theCommunications Act of 1934, as amend-ed (the Act), 47 U.S.C. 223(b)(2), thatthe defendant has taken the action setforth in paragraph (a)(1) of this sectionand, in addition, has complied with thefollowing: Taken one of the actions setforth in paragraphs (a)(2), (3), or (4) ofthis section to restrict access to pro-hibited communications to personseighteen years of age or older, and hasadditionally complied with paragraph(a)(5) of this section, where applicable:

(1) Has notified the common carrieridentified in section 223(c)(1) of theAct, in writing, that he or she is pro-viding the kind of service described insection 223(b)(2) of the Act.

(2) Requires payment by credit cardbefore transmission of the message; or

(3) Requires an authorized access oridentification code before transmissionof the message, and where the defend-ant has:

(i) Issued the code by mailing it tothe applicant after reasonablyascertaining through receipt of a writ-ten application that the applicant isnot under eighteen years of age; and

(ii) Established a procedure to cancelimmediately the code of any personupon written, telephonic or other no-tice to the defendant’s business officethat such code has been lost, stolen, orused by a person or persons under theage of eighteen, or that such code is nolonger desired; or

(4) Scrambles the message using anytechnique that renders the audio unin-telligible and incomprehensible to thecalling party unless that party uses adescrambler; and,

(5) Where the defendant is a messagesponsor subscriber to mass announce-

ment services tariffed at this Commis-sion and such defendant prior to thetransmission of the message has re-quested in writing to the carrier pro-viding the public announcement serv-ice that calls to this message service besubject to billing notification as anadult telephone message service.

(b) A common carrier within the Dis-trict of Columbia or within any State,or in interstate or foreign commerce,shall not, to the extent technically fea-sible, provide access to a communica-tion described in section 223(b) of theAct from the telephone of any sub-scriber who has not previously re-quested in writing the carrier to pro-vide access to such communication ifthe carrier collects from subscribers anidentifiable charge for such commu-nication that the carrier remits, inwhole or in part, to the provider ofsuch communication.

[52 FR 17761, May 12, 1987, as amended at 55FR 28916, July 16, 1990]

Subpart C—Furnishing of Facilitiesto Foreign Governments forInternational Communications

§ 64.301 Furnishing of facilities to for-eign governments for internationalcommunications.

Common carriers by wire and radioshall, in accordance with section 201 ofthe Communications Act, furnish serv-ices and facilities for communicationsto any foreign government upon rea-sonable demand therefor: Provided,however, That, if a foreign governmentfails or refuses, upon reasonable de-mand, to furnish particular servicesand facilities to the United States Gov-ernment for communications betweenthe territory of that government andthe United States or any other point,such carriers shall, to the extent spe-cifically ordered by the Commission,deny equivalent services or facilities inthe United States to such foreign gov-ernment for communications betweenthe United States and the territory ofthat foreign government or any otherpoint.

(Secs. 201, 214, 303, 308, 48 Stat. 1075, 1082,1085; 47 U.S.C. 201, 214, 303, 308)

[28 FR 13242, Dec. 5, 1963]


177


Subpart D—Procedures for Han-dling Priority Services in Emer-gencies

§ 64.401 Policies and procedures forprovisioning and restoring certaintelecommunications services inemergencies.

The communications common carriershall maintain and provision and, ifdisrupted, restore facilities and serv-ices in accordance with policies andprocedures set forth in the appendix tothis part.

[53 FR 47536, Nov. 23, 1988]

Subpart E—Use of RecordingDevices by Telephone Companies

§ 64.501 Recording of telephone con-versations with telephone compa-nies.

No telephone common carrier, sub-ject in whole or in part to the Commu-nications Act of 1934, as amended, mayuse any recording device in connectionwith any interstate or foreign tele-phone conversation between any mem-ber of the public, on the one hand, andany officer, agent or other person act-ing for or employed by any such tele-phone common carrier, on the otherhand, except under the following condi-tions:

(a) Where such use shall be precededby verbal or written consent of all par-ties to the telephone conversation, or

(b) Where such use shall be precededby verbal notification which is re-corded at the beginning, and as part ofthe call, by the recording party, or

(c) Where such use shall be accom-panied by an automatic tone warningdevice, which will automaticallyproduce a distinct signal that is re-peated at regular intervals during thecourse of the telephone conversationwhen the recording device is in use.Provided That:

(1) The characteristics of the warningtone shall be the same as those speci-fied in the Orders of this Commissionadopted by it in ‘‘Use of Recording De-vices in Connection With TelephoneService,’’ Docket 6787, 11 FCC 1033(1947); 12 FCC 1005 (November 26, 1947);12 FCC 1008 (May 20, 1948).

(d) That the characteristics of thewarning tone shall be the same asthose specified in the Orders of thisCommission adopted by it in ‘‘Use ofRecording Devices in Connection WithTelephone Service,’’ Docket 6787; 11F.C.C. 1033 (1947); 12 F.C.C. 1005 (No-vember 26, 1947); 12 F.C.C. 1008 (May 20,1948);

(e) That no recording device shall beused unless it can be physically con-nected to and disconnected from thetelephone line or switched on and off.

(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317;48 Stat., as amended, 1064, 1065, 1066, 1068,1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152,153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[32 FR 11275, Aug. 3, 1967, as amended at 46FR 29480, June 2, 1981; 52 FR 3654, Feb. 5, 1987]

Subpart F—TelecommunicationsRelay Services and RelatedCustomer Premises Equipmentfor Persons With Disabilities

SOURCE: 56 FR 36731, Aug. 1, 1991, unlessotherwise noted.

§ 64.601 Definitions.As used in this subpart, the following

definitions apply:(1) American Sign Language (ASL). A

visual language based on hand shape,position, movement, and orientation ofthe hands in relation to each other andthe body.

(2) ASCII. An acronym for AmericanStandard Code for Information Inter-exchange which employs an eight bitcode and can operate at any standardtransmission baud rate including 300,1200, 2400, and higher.

(3) Baudot. A seven bit code, only fiveof which are information bits. Baudotis used by some text telephones tocommunicate with each other at a 45.5baud rate.

(4) Common carrier or carrier. Anycommon carrier engaged in interstatecommunication by wire or radio as de-fined in section 3(h) of the Communica-tions Act of 1934, as amended (the Act),and any common carrier engaged inintrastate communication by wire orradio, notwithstanding sections 2(b)and 221(b) of the Act.

(5) Communications assistant (CA). Aperson who transliterates conversation


178

47 CFR Ch. I (10–1–97 Edition)§ 64.602

from text to voice and from voice totext between two end users of TRS. CAsupersedes the term ‘‘TDD operator.’’

(6) Hearing carry over (HCO). A re-duced form of TRS where the personwith the speech disability is able to lis-ten to the other end user and, in reply,the CA speaks the text as typed by theperson with the speech disability. TheCA does not type any conversation.

(7) Telecommunications relay services(TRS). Telephone transmission servicesthat provide the ability for an individ-ual who has a hearing or speech dis-ability to engage in communication bywire or radio with a hearing individualin a manner that is functionally equiv-alent to the ability of an individualwho does not have a hearing or speechdisability to communicate using voicecommunication services by wire orradio. Such term includes services thatenable two-way communication be-tween an individual who uses a texttelephone or other nonvoice terminaldevice and an individual who does notuse such a device. TRS supersedes theterms ‘‘dual party relay system,’’‘‘message relay services,’’ and ‘‘TDDRelay.’’

(8) Text telephone (TT). A machinethat employs graphic communicationin the transmission of coded signalsthrough a wire or radio communicationsystem. TT supersedes the term ‘‘TDD’’or ‘‘telecommunications device for thedeaf.’’

(9) Voice carry over (VCO). A reducedform of TRS where the person with thehearing disability is able to speak di-rectly to the other end user. The CAtypes the response back to the personwith the hearing disability. The CAdoes not voice the conversation.

§ 64.602 Jurisdiction.Any violation of this subpart by any

common carrier engaged in intrastatecommunication shall be subject to thesame remedies, penalties, and proce-dures as are applicable to a violation ofthe Act by a common carrier engagedin interstate communication.

§ 64.603 Provision of services.Each common carrier providing tele-

phone voice transmission services shallprovide, not later than July 26, 1993, incompliance with the regulations pre-

scribed herein, throughout the area inwhich it offers services, telecommuni-cations relay services, individually,through designees, through a competi-tively selected vendor, or in concertwith other carriers. A common carriershall be considered to be in compliancewith these regulations:

(a) With respect to intrastate tele-communications relay services in anystate that does not have a certifiedprogram under § 64.605 and with respectto interstate telecommunications relayservices, if such common carrier (orother entity through which the carrieris providing such relay services) is incompliance with § 64.604; or

(b) With respect to intrastate tele-communications relay services in anystate that has a certified programunder § 64.605 for such state, if suchcommon carrier (or other entitythrough which the carrier is providingsuch relay services) is in compliancewith the program certified under§ 64.605 for such state.

§ 64.604 Mandatory minimum stand-ards.

(a) Operational standards—(1) Commu-nications assistant (CA). TRS providersare responsible for requiring that CAsbe sufficiently trained to effectivelymeet the specialized communicationsneeds of individuals with hearing andspeech disabilities; and that CAs havecompetent skills in typing, grammar,spelling, interpretation of typewrittenASL, and familiarity with hearing andspeech disability cultures, languagesand etiquette.

(2) Confidentiality and conversationcontent. Except as authorized by sec-tion 705 of the Communications Act, 47U.S.C. 605, CAs are prohibited from dis-closing the content of any relayed con-versation regardless of content andfrom keeping records of the content ofany conversation beyond the durationof a call, even if to do so would be in-consistent with state or local law. CAsare prohibited from intentionally al-tering a relayed conversation and, tothe extent that it is not inconsistentwith federal, state or local law regard-ing use of telephone company facilitiesfor illegal purposes, must relay all con-versation verbatim unless the relay


179


user specifically requests summari-zation.

(3) Types of calls. Consistent with theobligations of common carrier opera-tors, CAs are prohibited from refusingsingle or sequential calls or limitingthe length of calls utilizing relay serv-ices. TRS shall be capable of handlingany type of call normally provided bycommon carriers and the burden ofproving the infeasibility of handlingany type of call will be placed on thecarriers. Providers of TRS are per-mitted to decline to complete a call be-cause credit authorization is denied.CAs shall handle emergency calls inthe same manner as they handle anyother TRS calls.

(b) Technical standards—(1) ASCII andBaudot. TRS shall be capable of com-municating with ASCII and Baudot for-mat, at any speed generally in use.

(2) Speed of answer. TRS shall includeadequate staffing to provide callerswith efficient access under projectedcalling volumes, so that the prob-ability of a busy response due to CAunavailability shall be functionallyequivalent to what a voice caller wouldexperience in attempting to reach aparty through the voice telephone net-work. TRS shall, except during net-work failure, answer 85% of all callswithin 10 seconds and no more than 30seconds shall elapse between receipt ofdialing information and the dialing ofthe requested number.

(3) Equal access to interexchange car-riers. TRS users shall have access totheir chosen interexchange carrierthrough the TRS, and to all other oper-ator services, to the same extent thatsuch access is provided to voice users.

(4) TRS facilities. TRS shall operateevery day, 24 hours a day. TRS shallhave redundancy features functionallyequivalent to the equipment in normalcentral offices, includinguninterruptible power for emergencyuse. TRS shall transmit conversationsbetween TT and voice callers in realtime. Adequate network facilities shallbe used in conjunction with TRS sothat under projected calling volumethe probability of a busy response dueto loop trunk congestion shall be func-tionally equivalent to what a voicecaller would experience in attempting

to reach a party through the voice tele-phone network.

(5) Technology. No regulation setforth in this subpart is intended to dis-courage or impair the development ofimproved technology that fosters theavailability of telecommunications toperson with disabilities. VCO and HCOtechnology are required to be standardfeatures of TRS.

(c) Functional standards—(1) Enforce-ment. Subject to § 64.603, the Commis-sion shall resolve any complaint alleg-ing a violation of this section within180 days after the complaint is filed.

(2) Public access to information. Car-riers, through publication in their di-rectories, periodic billing inserts,placement of TRS instructions in tele-phone directories, through directoryassistance services, and incorporationof TT numbers in telephone directories,shall assure that callers in their serv-ice areas are aware of the availabilityand use of TRS.

(3) Rates. TRS users shall pay ratesno greater than the rates paid for func-tionally equivalent voice communica-tion services with respect to such fac-tors as the duration of the call, thetime of day, and the distance from thepoint of origination to the point of ter-mination.

(4) Jurisdictional separation of costs—(i) General. Where appropriate, costs ofproviding TRS shall be separated in ac-cordance with the jurisdictional sepa-ration procedures and standards setforth in the Commission’s regulationsadopted pursuant to section 410 of theCommunications Act of 1934, as amend-ed.

(ii) Cost recovery. Costs caused byinterstate TRS shall be recovered fromall subscribers for every interstateservice, utilizing a shared-funding costrecovery mechanism. Costs caused byintrastate TRS shall be recovered fromthe intrastate jurisdiction. In a statethat has a certified program under§ 64.605, the state agency providing TRSshall, through the state’s regulatoryagency, permit a common carrier to re-cover costs incurred in providing TRSby a method consistent with the re-quirements of this section.

(iii) Telecommunications Relay ServicesFund. Effective July 26, 1993, an Inter-state Cost Recovery Plan, hereinafter


180

47 CFR Ch. I (10–1–97 Edition)§ 64.604

referred to as the TRS Fund, shall beadministered by an entity selected bythe Commission (administrator). Theinitial administrator, for an interimperiod, will be the National ExchangeCarrier Association, Inc.

(A) Contributions. Every carrier pro-viding interstate telecommunicationsservices shall contribute to the TRSFund on the basis of its relative shareof gross interstate revenues as de-scribed herein. Contributions shall bemade by all carriers who provide inter-state services, including, but not lim-ited to, cellular telephone and paging,mobile radio, operator services, per-sonal communications service (PCS),access (including subscriber linecharges), alternative access and specialaccess, packet-switched, WATS, 800,900, message telephone service (MTS),private line, telex, telegraph, video,satellite, intraLATA, international andresale services.

(B) Contribution computations. Con-tributors’ contribution to the TRSfund shall be the product of their sub-ject revenues for the prior calendaryear and a contribution factor deter-mined annually by the Commission.The contribution factor shall be basedon the ratio between expected TRSFund expenses to total interstate reve-nues. In the event that contributionsexceed TRS payments and administra-tive costs, the contribution factor forthe following year will be adjusted byan appropriate amount, taking intoconsideration projected cost and usagechanges. In the event that contribu-tions are inadequate, the fund adminis-trator may request authority from theCommission to borrow funds commer-cially, with such debt secured by futureyears contributions. Each subject car-rier must contribute at least $100 peryear. Service providers whose annualcontributions total less than $1,200must pay the entire contribution atthe beginning of the contribution pe-riod. Service providers whose contribu-tions total $1,200 or more may dividetheir contributions into equal monthlypayments. Contributions shall be cal-culated and filed in accordance with a‘‘TRS Fund Worksheet,’’ which shall bepublished in the FEDERAL REGISTER.The worksheet sets forth informationthat must be provided by the contribu-

tor, the formula for computing the con-tribution, the manner of payment, anddue dates for payments. The worksheetshall be certified to by an officer of thecontributor, and subject to verificationby the Commission or the adminis-trator at the discretion of the Commis-sion. Contributors’ statements in theworksheet shall be subject to the provi-sions of section 220 of the Communica-tions Act of 1934, as amended. The fundadministrator may bill contributors aseparate assessment for reasonable ad-ministrative expenses and interest re-sulting from improper filing or overduecontributions.

(C) Data collection from TRS Providers.TRS providers shall provide the admin-istrator with true and adequate datanecessary to determine TRS fund reve-nue requirements and payments. TRSproviders shall provide the adminis-trator with the following: total TRSminutes of use, total interstate TRSminutes of use, total TRS operating ex-penses and total TRS investment ingeneral accordance with part 32 of theCommunications Act, and other histor-ical or projected information reason-ably requested by the administrator forpurposes of computing payments andrevenue requirements. The adminis-trator and the Commission shall havethe authority to examine, verify andaudit data received from TRS providersas necessary to assure the accuracyand integrity of fund payments.

(D) The TRS Fund will be subject toa yearly audit performed by an inde-pendent certified accounting firm orthe Commission, or both.

(E) Payments to TRS Providers. TRSFund payments shall be distributed toTRS providers based on formulas ap-proved or modified by the Commission.The administrator shall file schedulesof payment formulas with the Commis-sion. Such formulas shall be designedto compensate TRS providers for rea-sonable costs of providing interstateTRS, and shall be subject to Commis-sion approval. Such formulas shall bebased on total monthly interstate TRSminutes of use. TRS minutes of use forpurposes of interstate cost recoveryunder the TRS Fund are defined as theminutes of use for completed interstate


181


TRS calls placed through the TRS cen-ter beginning after call set-up and con-cluding after the last message callunit. In addition to the data requiredunder paragraph (c)(4)(iii)(C) of thissection, all TRS providers, includingproviders who are not interexchangecarriers, local exchange carriers, orcertified state relay providers, mustsubmit reports of interstate TRS min-utes of use to the administrator inorder to receive payments. The admin-istrator shall establish procedures toverify payment claims, and may sus-pend or delay payments to a TRS pro-vider if the TRS provider fails to pro-vide adequate verification of paymentupon reasonable request, or if directedby the Commission to do so. TRS Fundadministrator shall make paymentsonly to eligible TRS providers operat-ing pursuant to the mandatory mini-mum standards as required in § 64.604,and after disbursements to the admin-istrator for reasonable expenses in-curred by it in connection with TRSFund administration. TRS providersreceiving payments shall file a formprescribed by the administrator. Theadministrator shall fashion a form thatis consistent with Parts 32 and 36 pro-cedures reasonably tailored to meetthe needs of TRS providers. The Com-mission shall have authority to auditproviders and have access to all data,including carrier specific data, col-lected by the fund administrator. Thefund administrator shall have author-ity to audit TRS providers reportingdata to the administrator.

(F) TRS providers eligible for receiv-ing payments from the TRS Fund are:

(1) TRS facilities operated under con-tract with and/or by certified stateTRS programs pursuant to § 64.605; or

(2) TRS facilities owned by or oper-ated under contract with a commoncarrier providing interstate servicesoperated pursuant to § 64.604; or

(3) Interstate common carriers offer-ing TRS pursuant to § 64.604.

(G) Any eligible TRS provider as de-fined in paragraph (c)(4)(iii) (F) of thissection shall notify the administratorof its intent to participate in the TRSFund thirty (30) days prior to submit-ting reports of TRS interstate minutesof use in order to receive payment set-tlements for interstate TRS, and fail-

ure to file may exclude the TRS pro-vider from eligibility for the year.

(H) Administrator reporting, monitor-ing, and filing requirements. The admin-istrator shall perform all filing and re-porting functions required under para-graphs (c)(4)(iii) (A) through (J), of thissection. Beginning in 1994, TRS pay-ment formulas and revenue require-ments shall be filed with the Commis-sion on October 1 of each year, to be ef-fective for a one-year period beginningthe following January 1. The adminis-trator shall report annually to theCommission an itemization of monthlyadministrative costs which shall con-sist of all expenses, receipts, and pay-ments associated with the administra-tion of TRS Fund. The administrator isrequired to keep the TRS Fund sepa-rate from all other funds administeredby the administrator, shall file a costallocation manual (CAM), and shallprovide the Commission full access toall data collected pursuant to the ad-ministration of the TRS Fund. The ad-ministrator shall establish a non-paid,voluntary advisory committee of per-sons from the hearing and speech dis-ability community, TRS users (voiceand text telephone), interstate serviceproviders, state representatives, andTRS providers, which will meet at rea-sonable intervals (at least semi-annu-ally (in order to monitor TRS cost re-covery matters. Each group shall selectits own representative to the commit-tee. The administrator’s annual reportshall include a discussion of advisorycommittee deliberations.

(I) Information filed with the adminis-trator. The administrator shall keep alldata obtained from contributors andTRS providers confidential and shallnot disclose such data in company-spe-cific form unless directed to do so bythe Commission. The administratorshall not use such data except for pur-poses of administering the TRS Fund,calculating the regulatory fees ofinterstate common carriers, and aggre-gating such fee payments for submis-sion to the Commission. The Commis-sion shall have access to all data re-ported to the administrator, and au-thority to audit TRS providers.

(J) The administrator’s performanceand this plan shall be reviewed by theCommission after two years.


182

47 CFR Ch. I (10–1–97 Edition)§ 64.604

(K) All parties providing services orcontributions or receiving paymentsunder this section are subject to theenforcement provisions specified in theCommunications Act, the Americanswith Disabilities Act, and the Commis-sion’s rules.

(5) Complaints—(i) Referral of com-plaint. If a complaint to the Commis-sion alleges a violation of this subpartwith respect to intrastate TRS withina state and certification of the pro-gram of such state under § 64.605 is ineffect, the Commission shall refer suchcomplaint to such state expeditiously.

(ii) Jurisdiction of Commission. Afterreferring a complaint to a state underparagraph (c)(5)(i) of this section, or ifa complaint is filed directly with astate, the Commission shall exercisejurisdiction over such complaint onlyif:

(A) Final action under such stateprogram has not been taken within:

(1) 180 days after the complaint isfiled with such state; or

(2) A shorter period as prescribed bythe regulations of such state; or

(B) The Commission determines thatsuch state program is no longer quali-fied for certification under § 64.605.

(iii) Complaint procedures—(A) Con-tent. A complaint shall be in writing,addressed to the Federal Communica-tions Commission, Common CarrierBureau, TRS Complaints, Washington,DC 20554, or addressed to the appro-priate state office, and shall contain:

(1) The name and address of the com-plainant,

(2) The name and address of the de-fendant against whom the complaint ismade,

(3) A complete statement of the facts,including supporting data, where avail-able, showing that such defendant didor omitted to do anything in con-travention of this subpart, and

(4) The relief sought.(B) Amended complaints. An amended

complaint setting forth transactions,occurrences or events which have hap-pened since the filing of the originalcomplaint and which relate to theoriginal cause of action may be filedwith the Commission.

(C) Number of copies. An original andtwo copies of all pleadings shall befiled.

(D) Service—(1) Except where a com-plaint is referred to a state pursuant to§ 64.604(c)(5)(i), or where a complaint isfiled directly with a state, the Commis-sion will serve on the named party acopy of any complaint or amendedcomplaint filed with it, together with anotice of the filing of the complaint.Such notice shall call upon the defend-ant to satisfy or answer the complaintin writing within the time specified insaid notice of complaint.

(2) All subsequent pleadings andbriefs shall be served by the filingparty on all other parties to the pro-ceeding in accordance with the require-ments of § 1.47 of this chapter. Proof ofsuch service shall also be made in ac-cordance with the requirements of saidsection.

(E) Answers to complaints and amendedcomplaints. Any party upon whom acopy of a complaint or amended com-plaint is served under this subpartshall serve an answer within the timespecified by the Commission in its no-tice of complaint. The answer shall ad-vise the parties and the Commissionfully and completely of the nature ofthe defense and shall respond specifi-cally to all material allegations of thecomplaint. In cases involving allega-tions of harm, the answer shall indi-cate what action has been taken or isproposed to be taken to stop the occur-rence of such harm. Collateral or im-material issues shall be avoided in an-swers and every effort should be madeto narrow the issues. Matters allegedas affirmative defenses shall be sepa-rately stated and numbered. Any de-fendant failing to file and serve an an-swer within the time and in the man-ner prescribed may be deemed in de-fault.

(F) Replies to answers or amended an-swers. Within 10 days after service of ananswer or an amended answer, a com-plainant may file and serve a replywhich shall be responsive to matterscontained in such answer or amendedanswer and shall not contain new mat-ter. Failure to reply will not be deemedan admission of any allegation con-tained in such answer or amended an-swer.

(G) Defective pleadings. Any pleadingfiled in a complaint proceeding that isnot in substantial conformity with the


183


requirements of the applicable rules inthis subpart may be dismissed.

[56 FR 36731, Aug. 1, 1991, as amended at 58FR 12176, Mar. 3, 1993; 58 FR 39673, July 26,1993; 61 FR 36642, July 12, 1996]

EFFECTIVE DATE NOTE: At 62 FR 47152,Sept. 8, 1997, paragraph (a)(3) of § 64.604 wassuspended from Sept. 8, 1997, through Aug.26, 1998.

§ 64.605 State certification.(a) State documentation. Any state,

through its office of the governor orother delegated executive office em-powered to provide TRS, desiring to es-tablish a state program under this sec-tion shall submit, not later than Octo-ber 1, 1992, documentation to the Com-mission addressed to the Federal Com-munications Commission, Chief, Com-mon Carrier Bureau, TRS CertificationProgram, Washington, DC 20554, andcaptioned ‘‘TRS State CertificationApplication.’’ All documentation shallbe submitted in narrative form, shallclearly describe the state program forimplementing intrastate TRS, and theprocedures and remedies for enforcingany requirements imposed by the stateprogram. The Commission shall givepublic notice of states filing for certifi-cation including notification in theFEDERAL REGISTER.

(b) Requirements for certification. Afterreview of state documentation, theCommission shall certify, by letter, ororder, the state program if the Com-mission determines that the state cer-tification documentation:

(1) Establishes that the state pro-gram meets or exceeds all operational,technical, and functional minimumstandards contained in § 64.604;

(2) Establishes that the state pro-gram makes available adequate proce-dures and remedies for enforcing therequirements of the state program; and

(3) Where a state program exceedsthe mandatory minimum standardscontained in § 64.604, the state estab-lishes that its program in no way con-flicts with federal law.

(c) Certification period. State certifi-cation shall remain in effect for fiveyears. One year prior to expiration ofcertification, a state may apply for re-newal of its certification by filing doc-umentation as prescribed by para-graphs (a) and (b) of this section.

(d) Method of funding. Except as pro-vided in § 64.604, the Commission shallnot refuse to certify a state programbased solely on the method such statewill implement for funding intrastateTRS, but funding mechanisms, if la-beled, shall be labeled in a manner thatpromote national understanding ofTRS and do not offend the public.

(e) Suspension or revocation of certifi-cation. The Commission may suspendor revoke such certification if, afternotice and opportunity for hearing, theCommission determines that such cer-tification is no longer warranted. In astate whose program has been sus-pended or revoked, the Commissionshall take such steps as may be nec-essary, consistent with this subpart, toensure continuity of TRS.

§ 64.606 Furnishing related customerpremises equipment.

(a) Any communications commoncarrier may provide, under tariff, cus-tomer premises equipment (other thanhearing aid compatible telephones asdefined in part 68 of this chapter, need-ed by persons with hearing, speech, vi-sion or mobility disabilities. Suchequipment may be provided to personswith those disabilities or to associa-tions or institutions who require suchequipment regularly to communicatewith persons with disabilities. Exam-ples of such equipment include, but arenot limited to, artificial larynxes, boneconductor receivers and TTs.

(b) Any carrier which provides tele-communications devices for personswith hearing and/or speech disabilities,whether or not pursuant to tariff, shallrespond to any inquiry concerning:

(1) The availability (including gen-eral price levels) of TTs using ASCII,Baudot, or both formats; and

(2) The compatibility of any TT withother such devices and computers.

§ 64.607 Provision of hearing aid com-patible telephones by exchange car-riers.

In the absence of alternative suppli-ers in an exchange area, an exchangecarrier must provide a hearing aidcompatible telephone, as defined in§ 68.316 of this chapter, and provide re-lated installation and maintenanceservices for such telephones on a


184

47 CFR Ch. I (10–1–97 Edition)§ 64.608

detariffed basis to any customer with ahearing disability who requests suchequipment or services.

[61 FR 42185, Aug. 14, 1996]

§ 64.608 Enforcement of related cus-tomer premises equipment rules.

Enforcement of §§ 64.606 and 64.607 isdelegated to those state public utilityor public service commissions whichadopt those sections and provide fortheir enforcement. Subpart G—Fur-nishing of Enhanced Services and Cus-tomer-Premises Equipment by Commu-nications Common Carriers

Subpart G—Furnishing of En-hanced Services and Cus-tomer-Premises Equipment byCommunications CommonCarriers; Telephone OperatorServices

§ 64.702 Furnishing of enhanced serv-ices and customer-premises equip-ment.

(a) For the purpose of this subpart,the term enhanced service shall refer toservices, offered over common carriertransmission facilities used in inter-state communications, which employcomputer processing applications thatact on the format, content, code, proto-col or similar aspects of the subscrib-er’s transmitted information; providethe subscriber additional, different, orrestructured information; or involvesubscriber interaction with stored in-formation. Enhanced services are notregulated under title II of the Act.

(b) Communications common carrierssubject, in whole or in part, to theCommunications Act may directly pro-vide enhanced services and customer-premises equipment; provided, how-ever, that the Commission may pro-hibit any such common carrier fromengaging directly or indirectly in fur-nishing enhanced services or customer-premises equipment to others except asprovided for in paragraph (c) of thissection, or as otherwise authorized bythe Commission.

(c) A communications common car-rier prohibited by the Commission pur-suant to paragraph (b) of this sectionfrom engaging in the furnishing of en-hanced services or customer-premises

equipment may, subject to other provi-sions of law, have a controlling or less-er interest in, or be under common con-trol with, a separate corporate entitythat furnishes enhanced services orcustomer-premises equipment to oth-ers provided the following conditionsare met:

(1) Each such separate corporationshall obtain all transmission facilitiesnecessary for the provision of enhancedservices pursuant to tariff, and maynot own any network or local distribu-tion transmission facilities or equip-ment.

(2) Each such separate corporationshall operate independently in the fur-nishing of enhanced services and cus-tomer-premises equipment. It shallmaintain its own books of account,have separate officers, utilize separateoperating, marketing, installation, andmaintenance personnel, and utilize sep-arate computer facilities in the provi-sion of enhanced services.

(3) Each such separate corporationwhich provides customer-premisesequipment or enhanced services shalldeal with any affiliated manufacturingentity only on an arm’s length basis.

(4) Any research or development per-formed on a joint or separate basis forthe subsidiary must be done on a com-pensatory basis. Except for genericsoftware within equipment, manufac-tured by an affiliate, that is sold ‘‘offthe shelf’’ to any interested purchaser,the separate corporation must developits own software, or contract with non-affiliated vendors.

(5) All transactions between the sepa-rate corporation and the carrier or itsaffiliates which involve the transfer,either direct or by accounting or otherrecord entries, of money, personnel, re-sources, other assets or anything ofvalue, shall be reduced to writing. Acopy of any contract, agreement, orother arrangement entered into be-tween such entities shall be filed withthe Commission within 30 days afterthe contract, agreement, or other ar-rangement is made. This provisionshall not apply to any transaction gov-erned by the provision of an effectivestate or federal tariff.

(d) A carrier subject to the proscrip-tion set forth in paragraph (c) of thissection:


185


(1) Shall not engage in the sale orpromotion of enhanced services or cus-tomer-premises equipment, on behalfof the separate corporation, or sell,lease or otherwise make available tothe separate corporation any capacityor computer system component on itscomputer system or systems which areused in any way for the provision of itscommon carrier communications serv-ices. (This does not apply to commu-nications services offered the separatesubsidiary pursuant to tariff);

(2) Shall disclose to the public all in-formation relating to network designand technical standards and informa-tion affecting changes to the tele-communications network which wouldaffect either intercarrier interconnec-tion or the manner in which customer-premises equipment is attached to theinterstate network prior to implemen-tation and with reasonable advance no-tification. When such information isdisclosed to the separate corporation itshall be disclosed and be available toany member of the public on the sameterms and conditions;

(3) May not provide to any such sepa-rate corporation any customer propri-etary information unless such informa-tion is available to any member of thepublic on the same terms and condi-tions; and

(4) Must obtain Commission approvalas to the manner in which the separatecorporation is to be capitalized, priorto obtaining any interest in the sepa-rate corporation or transferring anyassets, and must obtain Commissionapproval of any modification to a Com-mission approved capitalization plan.

(e) Except as otherwise ordered bythe Commission, after March 1, 1982,the carrier provision of customer-premises equipment used in conjunc-tion with the interstate telecommuni-cations network shall be separate anddistinct from provision of common car-rier communications services and notoffered on a tariffed basis.

(Secs. 4, 201–205, 403, 404, 410; 48 Stat., asamended, 1066, 1070–1072, 1094, 1098; (47 U.S.C.154, 201–205, 403, 404, 410))

[45 FR 31364, May 13, 1980, as amended at 46FR 6008, Jan. 21, 1981]

§ 64.703 Consumer information.(a) Each provider of operator services

shall:(1) Identify itself, audibly and dis-

tinctly, to the consumer at the begin-ning of each telephone call and beforethe consumer incurs any charge for thecall;

(2) Permit the consumer to terminatethe telephone call at no charge beforethe call is connected; and

(3) Disclose immediately to theconsumer, upon request and at nocharge to the consumer—

(i) A quotation of its rates or chargesfor the call;

(ii) The methods by which such ratesor charges will be collected; and

(iii) The methods by which com-plaints concerning such rates, charges,or collection practices will be resolved.

(b) Each aggregator shall post on ornear the telephone instrument, in plainview of consumers:

(1) The name, address, and toll-freetelephone number of the provider of op-erator services;

(2) A written disclosure that therates for all operator-assisted calls areavailable on request, and that consum-ers have a right to obtain access to theintestate common carrier of theirchoice and may contact their preferredinterstate common carriers for infor-mation on accessing that carrier’sservice using that telephone;

(3) In the case of a pay telephone, thelocal coin rate for the pay telephonelocation; and

(4) The name and address of the En-forcement Division of the CommonCarrier Bureau of the Commission(FCC, Enforcement Division, CCB, MailStop 1600A2, Washington, DC 20554), towhich the consumer may direct com-plaints regarding operator services.

(c) Additional requirements for first 3years. In addition to meeting the re-quirements of paragraph (a) of this sec-tion, each presubscribed provider of op-erator services shall, until January 15,1994, identify itself audibly and dis-tinctly to the consumer, not only as re-quired in paragraph (a)(1) of this sec-tion, but also for a second time beforeconnecting the call and before theconsumer incurs any charge.

(d) Effect of state law or regulation.The requirements of paragraph (b) of


186

47 CFR Ch. I (10–1–97 Edition)§ 64.704

this section shall not apply to anaggregator in any case in which Statelaw or State regulation requires theaggregator to take actions that aresubstantially the same as those re-quired in paragraph (b) of this section.

(e) Each provider of operator servicesshall ensure, by contract or tariff, thateach aggregator for which such pro-vider is the presubscribed provider ofoperator services is in compliance withthe requirements of paragraph (b) ofthis section.

[56 FR 18523, Apr. 23, 1991, as amended at 61FR 14981, Apr. 4, 1996; 61 FR 52323, Oct. 7,1996]

§ 64.704 Call blocking prohibited.(a) Each aggregator shall ensure that

each of its telephones presubscribed toa provider of operator services allowsthe consumer to use ‘‘800’’ and ‘‘950’’access code numbers to obtain accessto the provider of operator services de-sired by the consumer.

(b) Each provider of operator servicesshall:

(1) Ensure, by contract or tariff, thateach aggregator for which such pro-vider is the presubscribed provider ofoperator services is in compliance withthe requirements of paragraphs (a) and(c) of this section; and

(2) Withhold payment (on a location-by-location basis) of any compensation,including commissions, to aggregatorsif such provider reasonably believesthat the aggregator is blocking accessto interstate common carriers in viola-tion of paragraphs (a) or (c) of this sec-tion.

(c) Each aggregator shall, by the ear-liest applicable date set forth in thisparagraph, ensure that any of itsequipment presubscribed to a providerof operator services allows theconsumer to use equal access codes toobtain access to the consumer’s desiredprovider of operator services.

(1) Each pay telephone shall, withinsix (6) months of the effective date ofthis paragraph, allow the consumer touse equal access codes to obtain accessto the consumer’s desired provider ofoperator services.

(2) All equipment that is techno-logically capable of identifying the di-aling of an equal access code followedby any sequence of numbers that will

result in billing to the originating tele-phone and that is technologically capa-ble of blocking access through such di-aling sequences without blocking ac-cess through other dialing sequencesinvolving equal access codes, shall,within six (6) months of the effectivedate of this paragraph or upon installa-tion, whichever is sooner, allow theconsumer to use equal access codes toobtain access to the consumer’s desiredprovider of operator services.

(3) All equipment or software that ismanufactured or imported on or afterApril 17, 1992, and installed by anyaggregator shall, immediately upon in-stallation by the aggregator, allow theconsumer to use equal access codes toobtain access to the consumer’s desiredprovider of operator services.

(4) All equipment that can be modi-fied at a cost of no more than $15.00 perline to be technologically capable ofidentifying the dialing of an equal ac-cess code followed by any sequence ofnumbers that will result in billing tothe originating telephone and to betechnologically capable of blocking ac-cess through such dialing sequenceswithout blocking access through otherdialing sequences involving equal ac-cess codes, shall, within eighteen (18)months of the effective date of thisparagraph, allow the consumer to useequal access codes to obtain access tothe consumer’s desired provider of op-erator services.

(5) All equipment not included inparagraphs (c)(1), (c)(2), (c)(3), or (c)(4)of this section shall, no later thanApril 17, 1997, allow the consumer touse equal access codes to obtain accessto the consumer’s desired provider ofoperator services.

(6) This paragraph does not apply tothe use by consumers of equal accesscode dialing sequences that result inbilling to the originating telephone.

(d) All providers of operator services,except those employing a store-and-forward device that serves only con-sumers at the location of the device,shall establish an ‘‘800’’ or ‘‘950’’ accesscode number within six (6) months ofthe effective date of this paragraph.

[56 FR 18523, Apr. 23, 1991, as amended at 56FR 40799, Aug. 16, 1991; 57 FR 34260, Aug. 4,1992]


187


§ 64.705 Restrictions on charges relat-ed to the provision of operator serv-ices.

(a) A provider of operator servicesshall:

(1) Not bill for unanswered telephonecalls in areas where equal access isavailable;

(2) Not knowingly bill for unansweredtelephone calls where equal access isnot available;

(3) Not engage in call splashing, un-less the consumer requests to be trans-ferred to another provider of operatorservices, the consumer is informedprior to incurring any charges that therates for the call may not reflect therates from the actual originating loca-tion of the call, and the consumer thenconsents to be transferred;

(4) Except as provided in paragraph(a)(3) of this section, not bill for a callthat does not reflect the location of theorigination of the call; and

(5) Ensure, by contract or tariff, thateach aggregator for which such pro-vider is the presubscribed provider ofoperator services is in compliance withthe requirements of paragraph (b) ofthis section.

(b) An aggregator shall ensure thatno charge by the aggregator to theconsumer for using an ‘‘800’’ or ‘‘950’’access code number, or any other ac-cess code number, is greater than theamount the aggregator charges forcalls placed using the presubscribedprovider of operator services.

[56 FR 18523, Apr. 23, 1991]

§ 64.706 Minimum standards for therouting and handling of emergencytelephone calls.

Upon receipt of any emergency tele-phone call, providers of operator serv-ices and aggregators shall ensure im-mediate connection of the call to theappropriate emergency service of thereported location of the emergency, ifknown, and, if not known, of the origi-nating location of the call.

[61 FR 14981, Apr. 4, 1996]

§ 64.707 Public dissemination of infor-mation by providers of operatorservices.

Providers of operator services shallregularly publish and make available

at no cost to inquiring consumers writ-ten materials that describe any recentchanges in operator services and in thechoices available to consumers in thatmarket.

[56 FR 18524, Apr. 23, 1991]

§ 64.708 Definitions.As used in §§ 64.703 through 64.707 of

this part and § 68.318 of this chapter (47CFR 64.703–64.707, 68.318):

(a) Access code means a sequence ofnumbers that, when dialed, connect thecaller to the provider of operator serv-ices associated with that sequence;

(b) Aggregator means any person that,in the ordinary course of its oper-ations, makes telephones available tothe public or to transient users of itspremises, for interstate telephone callsusing a provider of operator services;

(c) Call splashing means the transferof a telephone call from one provider ofoperator services to another such pro-vider in such a manner that the subse-quent provider is unable or unwillingto determine the location of the origi-nation of the call and, because of suchinability or unwillingness, is preventedfrom billing the call on the basis ofsuch location;

(d) Consumer means a person initiat-ing any interstate telephone call usingoperator services. In collect calling ar-rangements handled by a provider ofoperator services, both the party onthe originating end of the call and theparty on the terminating end of thecall are consumers under this defini-tion.

(e) Equal access has the meaninggiven that term in Appendix B of theModification of Final Judgment en-tered by the United States DistrictCourt on August 24, 1982, in UnitedStates v. Western Electric, Civil ActionNo. 82–0192 (D.D.C. 1982), as amended bythe Court in its orders issued prior toOctober 17, 1990;

(f) Equal access code means an accesscode that allows the public to obtainan equal access connection to the car-rier associated with that code;

(g) Operator services means any inter-state telecommunications service initi-ated from an aggregator location thatincludes, as a component, any auto-matic or live assistance to a consumerto arrange for billing or completion, or


188

47 CFR Ch. I (10–1–97 Edition)§ 64.801

both, of an interstate telephone callthrough a method other than:

(1) Automatic completion with bill-ing to the telephone from which thecall originated; or

(2) Completion through an accesscode used by the consumer, with billingto an account previously establishedwith the carrier by the consumer;

(h) Presubscribed provider of operatorservices means the interstate providerof operator services to which theconsumer is connected when theconsumer places a call using a providerof operator services without dialing anaccess code;

(i) Provider of operator services meansany common carrier that provides op-erator services or any other person de-termined by the Commission to be pro-viding operator services.

[56 FR 18524, Apr. 23, 1991; 56 FR 25721, June5, 1991, as amended at 61 FR 14981, Apr. 4,1996]

Subpart H—Extension of Unse-cured Credit for Interstate andForeign CommunicationsServices to Candidates forFederal Office

AUTHORITY: Secs. 4, 201, 202, 203, 218, 219, 48Stat. 1066, 1070, 1077; 47 U.S.C. 154, 201, 202,203, 218, 219; sec. 401, 86 Stat. 19; 2 U.S.C. 451.

SOURCE: 37 FR 9393, May 10, 1972, unlessotherwise noted.

§ 64.801 Purpose.Pursuant to section 401 of the Fed-

eral Election Campaign Act of 1971,Public Law 92–225, these rules prescribethe general terms and conditions forthe extension of unsecured credit by acommunication common carrier to acandidate or person on behalf of suchcandidate for Federal office.

§ 64.802 Applicability.These rules shall apply to each com-

munication common carrier subject tothe whole or part of the Communica-tions Act of 1934, as amended.

§ 64.803 Definitions.For the purposes of this subpart:(a) Candidate means an individual

who seeks nomination for election, orelection, to Federal office, whether or

not such individual is elected, and anindividual shall be deemed to seeknomination for election, or election, ifhe has (1) taken the action necessaryunder the law of a State to qualifyhimself for nomination for election, orelection, to Federal office, or (2) re-ceived contributions or made expendi-tures, or has given his consent for anyother person to receive contributionsor make expenditures, with a view tobringing about his nomination for elec-tion, or election, to such office.

(b) Election means (1) a general, spe-cial, primary, or runoff election, (2) aconvention or caucus of a politicalparty held to nominate a candidate, (3)a primary election held for the selec-tion of delegates to a national nomi-nating convention of a political party,and (4) a primary election held for theexpression of a preference for the nomi-nation of persons for election to the of-fice of President.

(c) Federal office means the office ofPresident or Vice President of theUnited States: or of Senator or Rep-resentative in, or Delegate or ResidentCommissioner to, the Congress of theUnited States.

(d) Person means an individual, part-nership, committee, association, cor-poration, labor organization, and anyother organization or group of persons.

(e) Unsecured credit means the fur-nishing of service without maintainingon a continuing basis advance pay-ment, deposit, or other security, thatis designed to assure payment of theestimated amount of service for eachfuture 2 months period, with revised es-timates to be made on at least amonthly basis.

§ 64.804 Rules governing the extensionof unsecured credit to candidatesor persons on behalf of such can-didates for Federal office for inter-state and foreign common carriercommunication services.

(a) There is no obligation upon a car-rier to extend unsecured credit forinterstate and foreign communicationservices to a candidate or person on be-half of such candidate for Federal of-fice. However, if the carrier chooses toextend such unsecured credit, it shallcomply with the requirements set forthin paragraphs (b) through (g) of thissection.


189


(b) If a carrier decides to extend un-secured credit to any candidate forFederal office or any person on behalfof such candidate, then unsecured cred-it shall be extended on substantiallyequal terms and conditions to all can-didates and all persons on behalf of allcandidates for the same office, withdue regard for differences in the esti-mated quantity of service to be fur-nished each such candidate or person.

(c) Before extending unsecured cred-it, a carrier shall obtain a signed writ-ten application for service which shallidentify the applicant and the can-didate and state whether or not thecandidate assumes responsibility forthe charges, and which shall also ex-pressly state as follows:

(1) That service is being requested bythe applicant or applicants and thatthe person or persons making the ap-plication will be individually, jointlyand severally liable for the payment ofall charges; and

(2) That the applicant(s) understandsthat the carrier will (under the provi-sions of paragraph (d) of this section)discontinue service upon written noticeif any amount due is not paid upon de-mand.

(d) If charges for services renderedare not paid to the carrier within 15days from rendition of a bill therefor,the carrier shall forthwith at the endof the 15-day period serve written no-tice on the applicant of intent to dis-continue service within 7 days of dateof such notice for nonpayment andshall discontinue service at the end ofthe 7-day period unless all such sumsdue are paid in full within such 7-dayperiod.

(e) Each carrier shall take appro-priate action at law to collect any un-paid balance on an account for inter-state and foreign communication serv-ices rendered to a candidate or personon behalf of such candidate prior to theexpiration of the statute of limitationsunder section 415(a) of the Communica-tions Act of 1934, as amended.

(f) The records of each account, in-volving the extension by a carrier ofunsecured credit to a candidate or per-son on behalf of such candidate forcommon carrier communications serv-ices shall be maintained by the carrierso as to show separately, for interstate

and foreign communication services allcharges, credits, adjustments, and se-curity, if any, and balance receivable.

(g) On or before January 31, 1973, andon corresponding dates of each yearthereafter, each carrier which had op-erating revenues in the preceding yearin excess of $1 million shall file withthe Commission a report by account ofany amount due and unpaid, as of theend of the month prior to the reportingdate, for interstate and foreign commu-nications services to a candidate orperson on behalf of such candidatewhen such amount results from the ex-tension of unsecured credit. Each re-port shall include the following infor-mation:

(1) Name of candidate.(2) Name and address of person or

persons applying for service.(3) Balance due carrier.(4) Reason for nonpayment.(5) Payment arrangements, if any.(6) Date service discontinued.(7) Date, nature and status of any ac-

tion taken at law in compliance withparagraph (e) of this section.

[37 FR 9393, May 10, 1972, as amended at 62FR 5166, Feb. 4, 1997]

Subpart I—Allocation of Costs

§ 64.901 Allocation of costs.

(a) Carriers required to separate theirregulated costs from nonregulatedcosts shall use the attributable costmethod of cost allocation for such pur-pose.

(b) In assigning or allocating costs toregulated and nonregulated activities,carriers shall follow the principles de-scribed herein.

(1) Tariffed services provided to anonregulated activity will be chargedto the nonregulated activity at thetariffed rates and credited to the regu-lated revenue account for that service.

(2) Costs shall be directly assigned toeither regulated or nonregulated ac-tivities whenever possible.

(3) Costs which cannot be directly as-signed to either regulated or nonregu-lated activities will be described ascommon costs. Common costs shall be


190

47 CFR Ch. I (10–1–97 Edition)§ 64.902

grouped into homogeneous cost cat-egories designed to facilitate the prop-er allocation of costs between a car-rier’s regulated and nonregulated ac-tivities. Each cost category shall be al-located between regulated and non-regulated activities in accordance withthe following hierarchy:

(i) Whenever possible, common costcategories are to be allocated basedupon direct analysis of the origin ofthe cost themselves.

(ii) When direct analysis is not pos-sible, common cost categories shall beallocated based upon an indirect, cost-causative linkage to another cost cat-egory (or group of cost categories) forwhich a direct assignment or alloca-tion is available.

(iii) When neither direct nor indirectmeasures of cost allocation can befound, the cost category shall be allo-cated based upon a general allocatorcomputed by using the ratio of all ex-penses directly assigned or attributedto regulated and nonregulated activi-ties.

(4) The allocation of central officeequipment and outside plant invest-ment costs between regulated and non-regulated activities shall be based uponthe relative regulated and nonregu-lated usage of the investment duringthe calendar year when nonregulatedusage is greatest in comparison to reg-ulated usage during the three calendaryears beginning with the calendar yearduring which the investment usageforecast is filed.

(c) A telecommunications carriermay not use services that are not com-petitive to subsidize services subject tocompetition. Services included in thedefinition of universal service shallbear no more than a reasonable shareof the joint and common costs of facili-ties used to provide those services.

[52 FR 6560, Mar. 4, 1987, as amended at 52 FR39534, Oct. 22, 1987; 54 FR 49762, Dec. 1, 1989;62 FR 45588, Aug. 28, 1997]

§ 64.902 Transactions with affiliates.

Except for carriers which employ av-erage schedules in lieu of determiningtheir costs, all carriers subject to§ 64.901 are also subject to the provi-

sions of § 32.27 of this chapter concern-ing transactions with affiliates.

[55 FR 30461, July 26, 1990]

§ 64.903 Cost allocation manuals.

(a) Each local exchange carrier withannual operating revenues that equalor exceed the indexed revenue thresh-old, as defined in § 32.900 of this chap-ter, shall file with the Commissionwithin 90 days after publication of thatthreshold in the FEDERAL REGISTER, amanual containing the following infor-mation regarding its allocation of costsbetween regulated and unregulated ac-tivities:

(1) A description of each of the car-rier’s nonregulated activities;

(2) A list of all the activities to whichthe carrier now accords incidental ac-counting treatment and the justifica-tion therefor;

(3) A chart showing all of the car-rier’s corporate affiliates;

(4) A statement identifying each af-filiate that engages in or will engage intransactions with the carrier and de-scribing the nature, terms and fre-quency of each transaction;

(5) A cost apportionment table show-ing, for each account containing costsincurred in providing regulated serv-ices, the cost pools with that account,the procedures used to place costs intoeach cost pool, and the method used toapportion the costs within each costpool between regulated and nonregu-lated activities; and

(6) A description of the time report-ing procedures that the carrier uses,including the methods or studies de-signed to measure and allocate non-productive time.

(b) Each carrier shall ensure that theinformation contained in its cost allo-cation manual is accurate. Carriersmust update their cost allocationmanuals at least annually, except thatchanges to the cost apportionmenttable and to the description of time re-porting procedures must be filed atleast 15 days before the carrier plans toimplement the changes. Annual costallocation manual updates shall befiled on or before the last working dayof each calendar year.Proposed changesin the description of time reportingprocedures, the statement concerning


191


affiliate transactions, and the cost ap-portionment table must be accom-panied by a statement quantifying theimpact of each change on regulated op-erations. Changes in the description oftime reporting procedures and thestatement concerning affiliate trans-actions must be quantified in $100,000increments at the account level.Changes in cost apportionment tablesmust be quantified in $100,000 incre-ments at the cost pool level. The Chief,Common Carrier Bureau may suspendany such charges for a period not to ex-ceed 180 days, and may thereafter allowthe change to become effective or pre-scribe a different procedure.

(c) The Commission may by order re-quire any other communications com-mon carrier to file and maintain a costallocation manual as provided in thissection.

[57 FR 4375, Feb. 5, 1992, as amended at 59 FR46358, Sept. 8, 1994; 61 FR 50246, Sept. 25, 1996;62 FR 39779, July 24, 1997]

§ 64.904 Independent audits.(a) Each local exchange carrier re-

quired to file a cost allocation manual,by virtue of having annual operatingrevenues that equal or exceed the in-dexed revenue threshold for a givenyear or by order of the Commission,shall have an audit performed by anindependent auditor on an annualbasis, with the initial audit performedin the calendar year after the carrier isfirst required to file a cost allocationmanual. The audit shall provide a posi-tive opinion on whether the applicabledata shown in the carrier’s annual re-port required by § 43.21(e)(2) of thischapter present fairly, in all materialrespects, the information of the carrierrequired to be set forth therein in ac-cordance with the carrier’s cost alloca-tion manual, the Commission’s JointCost orders issued in conjunction withCC Docket No. 86–111 and the Commis-sion’s rules and regulations including§§ 32.23 and 32.27 of this chapter, 64.901,and 64.903 in force as of the date of theauditor’s report. The audit shall beconducted in accordance with gen-erally accepted auditing standards, ex-cept as otherwise directed by the Chief,Common Carrier Bureau.

(b) The report of the independentauditor shall be filed at the time that

the local exchange carrier files the an-nual report required by § 43.21(f)(2) ofthis chapter.

[57 FR 4375, Feb. 5, 1992, as amended at 62 FR39779, July 24, 1997]

Subpart J—InternationalSettlements Policy and Waivers

§ 64.1001 International settlementspolicy and modification requests.

(a) The procedures set forth in thisrule are subject to Commission policieson international operating agreementsin CC Dkt. No. 90–337.

(b) If the accounting rate referred toin § 43.51(d)(1) of this chapter is lowerthan the accounting rate in effect inthe operating agreement of anothercarrier providing service to or from thesame foreign point, and there is nomodification in the other terms andconditions referred to in § 43.51(d)(1) ofthis chapter, the carrier must file a no-tification letter under paragraph (e) ofthis section.

(c) If the amendment referred to in§ 43.51(d)(2) of this chapter is a simplereduction in the accounting rate, andthere is no modification in the otherterms and conditions referred to in§ 43.51(d)(2) of this chapter, the carriermust file a notification letter underparagraph (e) of this section.

(d) If the operating agreement oramendment referred to in §§ 43.51 (d)(1)and (d)(2) of this chapter is not subjectto notification under paragraphs (b)and (c) of this section, the carrier mustfile a modification request under para-graph (f) of this section.

(e) A notification letter must containthe following information:

(1) The applicable international serv-ice;

(2) The name of the foreign tele-communications administration;

(3) The present accounting rate (in-cluding any surcharges);

(4) The new accounting rate (includ-ing any surcharges);

(5) The effective date (see paragraph(h) of this section);

(6) A statement that the accountingrate will be divided 50–50; and

(7) A statement that there has beenno other modification in the operatingagreement with the foreign correspond-ent regarding the exchange of services,


192

47 CFR Ch. I (10–1–97 Edition)§ 64.1002

interchange or routing of traffic andmatters concerning rates, accountingrates, division of tolls, allocation of re-turn traffic, or the basis of settlementof traffic balances.

(f) A modification request must con-tain the following information:

(1) The applicable international serv-ice;

(2) The name of the foreign tele-communications administration;

(3) The present accounting rate (in-cluding any surcharges);

(4) The new accounting rate (includ-ing any surcharges);

(5) The effective date;(6) The division of the accounting

rate;(7) An explanation of the proposed

modification(s) in the operating agree-ment with the foreign correspondent.

(g) Notification letters and modifica-tion requests must contain notarizedstatements that the filing carrier:

(1) Has not bargained for, nor hasknowledge of, exclusive availability ofthe new accounting rate;

(2) Has not bargained for, nor has anyindication that it will receive, morethan its proportionate share of returntraffic; and

(3) Has informed the foreign adminis-tration that U.S. policy requires thatcompeting U.S. carriers have access toaccounting rates negotiated by the fil-ing carrier with the foreign adminis-tration on a nondiscriminatory basis.

(h) The operating agreement oramendment subject to a notificationletter is effective on the date the car-rier files the notification letter; pro-vided that the notification letter speci-fies an effective date for the modifica-tion that is later than the filing date;provided further that, if the purpose ofthe amendment is to match an ac-counting rate reduction specified in anotification letter previously filed byanother carrier for the same point, thefiling carrier may specify in theamendment and notification letter aretroactive effective date identical tothat on which the previously-filed re-duction became effective.

(i) If a carrier files a notification let-ter for an operating agreement oramendment that should have been filedas a modification request, the Bureauwill return the notification letter to

the filing carrier and the Bureau willnotify the carrier that, before it canimplement the proposed modification,it must file a modification requestunder paragraph (f) of this section.

(j) An operating agreement or amend-ment filed under a modification re-quest cannot become effective until themodification request has been grantedunder paragraph (l) of this section.

(k) On the same day the notificationletter or modification request is filed,carriers must serve a copy of the noti-fication letter or modification requeston all carriers providing the same orsimilar service to the foreign adminis-tration identified in the filing.

(l) All modification requests will besubject to a twenty-one (21) day plead-ing period for objections or comments,commencing the date after the requestis filed. If the modification request isnot complete when filed, the carrierwill be notified that additional infor-mation is to be submitted, and a new 21day pleading period will begin when theadditional information is filed. Themodification request will be deemedgranted as of the twenty-second (22nd)day without any formal staff actionbeing taken: provided

(1) No objections have been filed, and(2) The International Bureau has not

notified the carrier that grant of themodification request may not serve thepublic interest and that implementa-tion of the proposed modification mustawait formal staff action on the modi-fication request. If objections or com-ments are filed, the carrier requestingthe modification request may file a re-sponse pursuant to § 1.45 of this chap-ter. Modification requests that are for-mally opposed must await formal ac-tion by the International Bureau be-fore the proposed modification can beimplemented.

[56 FR 25372, June 4, 1991, as amended at 58FR 4354, Jan. 14, 1993; 60 FR 5333, Jan. 27,1995; 62 FR 5541, Feb. 6, 1997]

§ 64.1002 Alternative settlement ar-rangements.

(a) A communications common car-rier engaged in providing switchedvoice, telex, telegraph, or packetswitched service between the UnitedStates and a foreign point may seekapproval to enter into an operating


193


agreement with a foreign tele-communications administration con-taining an alternative settlement ar-rangement that does not comply withthe requirements of § 43.51(e)(1) and§ 63.14 of this chapter and § 64.1001 byfiling a petition for declaratory rulingin compliance with the requirements ofthis section.

(b) A petition for declaratory rulingmust contain the following:

(1) Information to demonstrate thateither:

(i) The Commission has made a pre-vious determination that the effectivecompetitive opportunities test in§ 63.18(h)(6)(i) of this chapter has beensatisfied on the route covered by thealternative settlement arrangement; or

(ii) The effective competitive oppor-tunities test in § 63.18(h)(6)(i) of thischapter is satisfied on the route cov-ered by the alternative settlement ar-rangement; or

(iii) The alternative settlement ar-rangement is otherwise in the publicinterest.

(2) A certification as to whether thealternative settlement arrangement af-fects more than 25 percent of the out-bound traffic or 25 percent of the in-bound traffic on the route to which thealternative settlement arrangementapplies.

(3) A certification as to whether theparties to the alternative settlementarrangement are affiliated, as definedin § 63.18(h)(1)(i) of this chapter, or in-volved in a non-equity joint venture af-fecting the provision of basic serviceson the route to which the alternativesettlement arrangement applies.

(4) A copy of the alternative settle-ment arrangement if it affects morethan 25 percent of the outbound trafficor 25 percent of the inbound traffic onthe route to which the alternative set-tlement arrangement applies, or if it isbetween parties that are affiliated, asdefined in § 63.18(h)(1)(i) of this chapter,or that are involved in a non-equityjoint venture affecting the provision ofbasic services on the route to whichthe alternative settlement arrange-ment applies.

(5) A summary of the terms and con-ditions of the alternative settlementarrangement if it does not come withinthe scope of paragraph (b)(4) of this

section. However, upon request by theInternational Bureau, a full copy ofsuch alternative settlement arrange-ment must be forwarded promptly tothe International Bureau.

(c) An alternative settlement ar-rangement filed for approval under thissection cannot become effective untilthe petition for declaratory ruling re-quired by paragraph (a) of this sectionhas been granted under paragraph (e) ofthis section.

(d) On the same day the petition fordeclaratory ruling has been filed, thefiling carrier must serve a copy of thepetition on all carriers providing thesame or similar service with the for-eign administration identified in thepetition.

(e) All petitions for declaratory rul-ing shall be subject to a 21 day pleadingperiod for objections or comments,commencing the day after the date ofpublic notice listing the petition as ac-cepted for filing. The petition will bedeemed granted as of the 28th daywithout any formal staff action beingtaken: provided

(1) The petition is not formally op-posed within the meaning of § 1.1202(e)of this chapter; and

(2) The International Bureau has notnotified the filing carrier that grant ofthe petition may not serve the publicinterest and that implementation ofthe proposed alternative settlement ar-rangement must await formal staff ac-tion on the petition. If objections orcomments are filed, the petitioningcarrier may file a response pursuant to§ 1.45 of this chapter. Petitions that areformally opposed must await formalaction by the International Bureau be-fore the proposed alternative settle-ment arrangement may be imple-mented.

[62 FR 5541, Feb. 6, 1997]

Subpart K—Changing LongDistance Service

§ 64.1100 Verification of orders forlong distance service generated bytelemarketing.

No IXC shall submit to a LEC a pri-mary interexchange carrier (PIC)change order generated by telemarket-ing unless and until the order has first


194

47 CFR Ch. I (10–1–97 Edition)§ 64.1150

been confirmed in accordance with thefollowing procedures:

(a) The IXC has obtained the cus-tomer’s written authorization in aform that meets the requirements of§ 64.1150; or

(b) The IXC has obtained the cus-tomer’s electronic authorization,placed from the telephone number(s)on which the PIC is to be changed, tosubmit the order that confirms the in-formation described in paragraph (a) ofthis section to confirm the authoriza-tion. IXCs electing to confirm saleselectronically shall establish one ormore toll-free telephone numbers ex-clusively for that purpose. Calls to thenumber(s) will connect a customer to avoice response unit, or similar mecha-nism, that records the required infor-mation regarding the PIC change, in-cluding automatically recording theoriginating ANI; or

(c) An appropriately qualified andindependent third party operating in alocation physically separate from thetelemarketing representative has ob-tained the customer’s oral authoriza-tion to submit the PIC change orderthat confirms and includes appropriateverification data (e.g., the customer’sdate of birth or social security num-ber); or

(d) Within three business days of thecustomer’s request for a PIC change,the IXC must send each new customeran information package by first classmail containing at least the followinginformation concerning the requestedchange:

(1) The information is being sent toconfirm a telemarketing order placedby the customer within the previousweek;

(2) The name of the customer’s cur-rent IXC;

(3) The name of the newly requestedIXC;

(4) A description of any terms, condi-tions, or charges that will be incurred;

(5) The name of the person orderingthe change;

(6) The name, address, and telephonenumber of both the customer and thesoliciting IXC;

(7) A postpaid postcard which thecustomer can use to deny, cancel orconfirm a service order;

(8) A clear statement that if the cus-tomer does not return the postcard thecustomer’s long distance service willbe switched within 14 days after thedate the information package wasmailed to [name of soliciting carrier];

(9) The name, address, and telephonenumber of a contact point at the Com-mission for consumer complaints; and

(10) IXCs must wait 14 days after theform is mailed to customers before sub-mitting their PIC change orders toLECs. If customers have cancelledtheir orders during the waiting period,IXCs, of course, cannot submit the cus-tomer’s orders to LECs.

[57 FR 4740, Feb. 7, 1992, as amended at 60 FR35853, July 12, 1995; 62 FR 43481, Aug. 14, 1997;62 FR 48787, Sept. 17, 1997]

EFFECTIVE DATE NOTES: 1. At 62 FR 43481,Aug. 14, 1997, § 64.1100 was amended by revis-ing paragraph (a), effective Jan. 12, 1998. Forthe convenience of the user, the supersededtext is set forth as follows:

§ 64.1100 Verification of orders for long dis-tance service generated by telemarket-ing.

(a) The IXC has obtained the customer’swritten authorization in a form that meetsthe requirements of § 64.1150.

* * * * *

2. At 62 FR 48787, Sept. 17, 1997, § 64.1100(a)was corrected by placing the word ‘‘or’’ afterthe semicolon, effective Jan. 12, 1998.

§ 64.1150 Letter of agency form andcontent.

(a) An interchange carrier shall ob-tain any necessary written authoriza-tion from a subscriber for a primaryinterexchange carrier change by usinga letter of agency as specified in thissection. Any letter of agency that doesnot conform with this section is in-valid.

(b) The letter of agency shall be aseparate document (an easily separabledocument containing only the author-izing language described in paragraph(e) of this section) whose sole purposeis to authorize an interexchange car-rier to initiate a primary inter-exchange carrier change. The letter ofagency must be signed and dated bythe subscriber to the telephone line(s)requesting the primary interexchangecarrier change.


195


(c) The letter of agency shall not becombined with inducements of anykind on the same document.

(d) Notwithstanding paragraphs (b)and (c) of this section, the letter ofagency may be combined with checksthat contain only the required letter ofagency language prescribed in para-graph (e) of this section and the nec-essary information to make the checka negotiable instrument. The letter ofagency check shall not contain anypromotional language or material. Theletter of agency check shall contain, ineasily readable, bold-face type on thefront of the check, a notice that theconsumer is authorizing a primaryinterexchange carrier change by sign-ing the check. The letter of agency lan-guage also shall be placed near the sig-nature line on the back of the check.

(e) At a minimum, the letter of agen-cy must be printed with a type of suffi-cient size and readable type to be clear-ly legible and must contain clear andunambiguous language that confirms:

(1) The subscriber’s billing name andaddress and each telephone number tobe covered by the primary inter-exchange carrier change order;

(2) The decision to change the pri-mary interexchange carrier from thecurrent interexchange carrier to theprospective interexchange carrier;

(3) That the subscriber designates theinterexchange carrier to act as the sub-scriber’s agent for the primary inter-exchange carrier change;

(4) That the subscriber understandsthat only one interexchange carriermay be designated as the subscriber’sinterstate or interLATA primary inter-exchange carrier for any one telephonenumber. To the extent that a jurisdic-tion allows the selection of additionalprimary interexchange carriers (e.g.,for intrastate, intraLATA or inter-national calling), the letter of agencymust contain separate statements re-garding those choices. Any carrier des-ignated as a primary interexchangecarrier must be the carrier directly set-ting the rates for the subscriber. Oneinterexchange carrier can be both asubscriber’s interstate or interLATAprimary interexchange carrier and asubscriber’s intrastate or intraLATAprimary interexchange carrier; and

(5) That the subscriber understandsthat any primary interexchange carrierselection the subscriber chooses mayinvolve a charge to the subscriber forchanging the subscriber’s primaryinterexchange carrier.

(f) Letters of agency shall not sug-gest or require that a subscriber takesome action in order to retain the sub-scriber’s current interexchange carrier.

(g) If any portion of aletter of agencyis translated into another language,then all portions of the letter of agencymust be translated into that language.Every letter of agency must be trans-lated into the same language as anypromotional materials, oral descrip-tions or instructions provided with theletter of agency.

[60 FR 35853, July 12, 1995, as amended at 62FR 43481, Aug. 14, 1997]

EFFECTIVE DATE NOTE: At 62 FR 43481,Aug. 14, 1997, § 64.1150 was amended by revis-ing paragraphs (e)(4) and (g). These amend-ments contain information collection re-quirements and will not become effectiveuntil approval has been given by the Office ofManagement and Budget.

Subpart L—Restrictions onTelephone Solicitation

§ 64.1200 Delivery restrictions.

(a) No person may:(1) Initiate any telephone call (other

than a call made for emergency pur-poses or made with the prior expressconsent of the called party) using anautomatic telephone dialing system oran artificial or prerecorded voice,

(i) To any emergency telephone line,including any 911 line and any emer-gency line of a hospital, medical physi-cian or service office, health care facil-ity, poison control center, or fire pro-tection or law enforcement agency;

(ii) To the telephone line of any guestroom or patient room of a hospital,health care facility, elderly home, orsimilar establishment; or

(iii) To any telephone number as-signed to a paging service, cellulartelephone service, specialized mobileradio service, or other radio commoncarrier service, or any service forwhich the called party is charged forthe call;


196

47 CFR Ch. I (10–1–97 Edition)§ 64.1200

(2) Initiate any telephone call to anyresidential telephone line using an ar-tificial or prerecorded voice to delivera message without the prior expressconsent of the called party, unless thecall is initiated for emergency purposesor is exempted by § 64.1200(c) of thissection.

(3) Use a telephone facsimile ma-chine, computer, or other device tosend an unsolicited advertisement to atelephone facsimile machine.

(4) Use an automatic telephone dial-ing system in such a way that two ormore telephone lines of a multi-linebusiness are engaged simultaneously.

(b) For the purpose of § 64.1200(a) ofthis section, the term emergency pur-poses means calls made necessary inany situation affecting the health andsafety of consumers.

(c) The term telephone call in§ 64.1200(a)(2) of this section shall notinclude a call or message by, or on be-half of, a caller:

(1) That is not made for a commercialpurpose,

(2) That is made for a commercialpurpose but does not include the trans-mission of any unsolicited advertise-ment,

(3) To any person with whom thecaller has an established business rela-tionship at the time the call is made,or

(4) Which is a tax-exempt nonprofitorganization.

(d) All artificial or prerecorded tele-phone messages delivered by an auto-matic telephone dialing system shall:

(1) At the beginning of the message,state clearly the identity of the busi-ness, individual, or other entity initi-ating the call, and

(2) During or after the message, stateclearly the telephone number (otherthan that of the autodialer orprerecorded message player whichplaced the call) or address of such busi-ness, other entity, or individual.

(e) No person or entity shall initiateany telephone solicitation to a residen-tial telephone subscriber:

(1) Before the hour of 8 a.m. or after9 p.m. (local time at the called party’slocation), and

(2) Unless such person or entity hasinstituted procedures for maintaining alist of persons who do not wish to re-

ceive telephone solicitations made byor on behalf of that person or entity.The procedures instituted must meetthe following minimum standards:

(i) Written policy. Persons or entitiesmaking telephone solicitations musthave a written policy, available upondemand, for maintaining a do-not-calllist.

(ii) Training of personnel engaged intelephone solicitation. Personnel en-gaged in any aspect of telephone solici-tation must be informed and trained inthe existence and use of the do-not-calllist.

(iii) Recording, disclosure of do-not-callrequests. If a person or entity making atelephone solicitation (or on whose be-half a solicitation is made) receives arequest from a residential telephonesubscriber not to receive calls fromthat person or entity, the person or en-tity must record the request and placethe subscriber’s name and telephonenumber on the do-not-call list at thetime the request is made. If such re-quests are recorded or maintained by aparty other than the person or entityon whose behalf the solicitation ismade, the person or entity on whosebehalf the solicitation is made will beliable for any failures to honor the do-not-call request. In order to protect theconsumer’s privacy, persons or entitiesmust obtain a consumer’s prior expressconsent to share or forward the con-sumer’s request not to be called to aparty other than the person or entityon whose behalf a solicitation is madeor an affiliated entity.

(iv) Identification of telephone solicitor.A person or entity making a telephonesolicitation must provide the calledparty with the name of the individualcaller, the name of the person or entityon whose behalf the call is being made,and a telephone number or address atwhich the person or entity may be con-tacted. If a person or entity makes asolicitation using an artificial orprerecorded voice message transmittedby an autodialer, the person or entitymust provide a telephone number otherthan that of the autodialer orprerecorded message player whichplaced the call. The telephone numberprovided may not be a 900 number orany other number for which charges


197


exceed local or long distance trans-mission charges.

(v) Affiliated persons or entities. In theabsence of a specific request by thesubscriber to the contrary, a residen-tial subscriber’s do-not-call requestshall apply to the particular businessentity making the call (or on whose be-half a call is made), and will not applyto affiliated entities unless theconsumer reasonably would expectthem to be included given the identi-fication of the caller and the productbeing advertised.

(vi) Maintenance of do-not-call lists. Aperson or entity making telephone so-licitations must maintain a record of acaller’s request not to receive futuretelephone solicitations. A do not callrequest must be honored for 10 yearsfrom the time the request is made.

(f) As used in this section:(1) The terms automatic telephone dial-

ing system and autodialer mean equip-ment which has the capacity to storeor produce telephone numbers to becalled using a random or sequentialnumber generator and to dial suchnumbers.

(2) The term telephone facsimile ma-chine means equipment which has thecapacity to transcribe text or images,or both, from paper into an electronicsignal and to transmit that signal overa regular telephone line, or to tran-scribe text or images (or both) from anelectronic signal received over a regu-lar telephone line onto paper.

(3) The term telephone solicitationmeans the initiation of a telephone callor message for the purpose of encourag-ing the purchase or rental of, or invest-ment in, property, goods, or services,which is transmitted to any person, butsuch term does not include a call ormessage:

(i) To any person with that person’sprior express invitation or permission;

(ii) To any person with whom thecaller has an established business rela-tionship; or

(iii) By or on behalf of a tax-exemptnonprofit organization.

(4) The term established business rela-tionship means a prior or existing rela-tionship formed by a voluntary two-way communication between a personor entity and a residential subscriberwith or without an exchange of consid-

eration, on the basis of an inquiry, ap-plication, purchase or transaction bythe residential subscriber regardingproducts or services offered by suchperson or entity, which relationshiphas not been previously terminated byeither party.

(5) The term unsolicited advertisementmeans any material advertising thecommercial availability or quality ofany property, goods, or services whichis transmitted to any person withoutthat person’s prior express invitationor permission.

[57 FR 48335, Oct. 23, 1992; 57 FR 53293, Nov. 9,1992, as amended at 60 FR 42069, Aug. 15, 1995]

§ 64.1201 Restrictions on billing nameand address disclosure.

(a) As used in this section:(1) The term billing name and address

means the name and address providedto a local exchange company by each ofits local exchange customers to whichthe local exchange company directsbills for its services.

(2) The term ‘‘telecommunicationsservice provider’’ means interexchangecarriers, operator service providers, en-hanced service providers, and any otherprovider of interstate telecommuni-cations services.

(3) The term authorized billing agentmeans a third party hired by a tele-communications service provider toperform billing and collection servicesfor the telecommunications serviceprovider.

(4) The term bulk basis means billingname and address information for allthe local exchange service subscribersof a local exchange carrier.

(5) The term LEC joint use card meansa calling card bearing an account num-ber assigned by a local exchange car-rier, used for the services of the localexchange carrier and a designatedinterexchange carrier, and validated byaccess to data maintained by the localexchange carrier.

(b) No local exchange carrier provid-ing billing name and address shall dis-close billing name and address infor-mation to any party other than a tele-communications service provider or anauthorized billing and collection agentof a telecommunications service pro-vider.


198

47 CFR Ch. I (10–1–97 Edition)§ 64.1300

(c)(1) No telecommunications serviceprovider or authorized billing and col-lection agent of a telecommunicationsservice provider shall use billing nameand address information for any pur-pose other than the following:

(i) Billing customers for using tele-communications services of that serv-ice provider and collecting amountsdue;

(ii) Any purpose associated with the‘‘equal access’’ requirement of UnitedStates v. AT&T 552 F.Supp. 131 (D.D.C.1982); and

(iii) Verification of service orders ofnew customers, identification of cus-tomers who have moved to a new ad-dress, fraud prevention, and similarnonmarketing purposes.

(2) In no case shall any telecommuni-cations service provider or authorizedbilling and collection agent of a tele-communications service provider dis-close the billing name and address in-formation of any subscriber to anythird party, except that a tele-communications service provider maydisclose billing name and address infor-mation to its authorized billing andcollection agent.

(d) [Reserved](e)(1) All local exchange carriers pro-

viding billing name and address infor-mation shall notify their subscribersthat:

(i) The subscriber’s billing name andaddress will be disclosed, pursuant toPolicies and Rules Concerning LocalExchange Carrier Validation and Bill-ing Information for Joint Use CallingCards, CC Docket No. 91–115, FCC 93–254, adopted May 13, 1993, whenever thesubscriber uses a LEC joint use card topay for services obtained from the tele-communications service provider, and

(ii) The subscriber’s billing name andaddress will be disclosed, pursuant toPolicies and Rules Concerning LocalExchange Carrier Validation and Bill-ing Information for Joint Use CallingCards, CC Docket No. 91–115, FCC 93–254, adopted May 13, 1993, whenever thesubscriber accepts a third party or col-lect call to a telephone station pro-vided by the LEC to the subscriber.

(2) In addition to the notificationspecified in paragraph (e)(1) of this sec-tion, all local exchange carriers provid-ing billing name and address informa-

tion shall notify their subscribers withunlisted or nonpublished telephonenumbers that:

(i) Customers have a right to requestthat their BNA not be disclosed, andthat customers may prevent BNA dis-closure for third party and collect callsas well as calling card calls;

(ii) LECs will presume that unlistedand nonpublished end users consent todisclosure and use of their BNA if cus-tomers do not affirmatively requestthat their BNA not be disclosed; and

(iii) The presumption in favor of con-sent for disclosure will begin 30 daysafter customers receive notice.

(3) No local exchange carrier shalldisclose the billing name and addressinformation associated with any call-ing card call made by any subscriberwho has affirmatively withheld consentfor disclosure of BNA information, orfor any third party or collect callcharged to any subscriber who has af-firmatively withheld consent for dis-closure of BNA information.

[53 FR 36145, July 6, 1993, as amended at 58FR 65671, Dec. 16, 1993; 61 FR 8880, Mar. 6,1996]

Subpart M—Provision of PayphoneService

§ 64.1300 Payphone compensation obli-gation.

(a) Except as provided herein, everycarrier to whom a completed call froma payphone is routed shall compensatethe payphone service provider for thecall at a rate agreed upon by the par-ties by contract.

(b) The compensation obligation setforth herein shall not apply to calls toemergency numbers, calls by hearingdisabled persons to a telecommuni-cations relay service or local calls forwhich the caller has made the requiredcoin deposit.

(c) In the absence of an agreement asrequired by paragraph (a) of this sec-tion, the carrier obligated to com-pensate the payphone service providershall do so at a per-call rate equal toits local coin rate at the payphone inquestion.

(d) For the initial one-year periodduring which carriers are required topay per-call compensation, in the ab-sence of an agreement as required by


199


paragraph (a) of this section, the car-rier is obligated to compensate thepayphone service provider at a per-callrate of $.35 per call. After this initialone-year period of per-call compensa-tion, paragraph (c) of this section willapply.

[61 FR 52324, Oct. 7, 1996]

EFFECTIVE DATE NOTE: At 61 FR 52324, Oct.7, 1996, § 64.1300 was added, effective Oct. 7,1997

§ 64.1301 Payphone compensation.

(a) Each payphone service providereligible to receive compensation shallbe paid $45.85 per payphone per monthfor originating access code and toll-free calls.

(b) This compensation shall be paidby interexchange carriers (IXCs) thatearn annual toll revenues in excess of$100 million, as reported in the FCCstaff report entitled ‘‘Long DistanceMarket Shares.’’ Each individual IXC’scompensation obligation shall be set inaccordance with its relative share oftoll revenues among IXCs required topay compensation. For example, iftotal toll revenues of IXCs required topay compensation is $50 billion, andone of these IXCs had $5 billion of totaltoll revenues, the IXC must pay $4.585per payphone per month.

(c) Initial compensation obligationsare set forth in Appendix B of the Com-mission’s Second Report and Order inCC Docket No. 91–35, released May 8,1992. Compensation obligations shall beadjusted periodically if the operationalstatus of any eligible IXC changes or inaccordance with revised toll revenuedata. In either such event, the CommonCarrier Bureau shall issue a public no-tice showing the revised compensationobligations. These revised obligationsshall become effective on the date spec-ified in the public notice.

(d) IXCs obligated to pay compensa-tion and payphone service providersare responsible for establishing theirown billing or payment arrangements.

(e) LECs shall provide IXCs payingcompensation under paragraphs (b) and(c) of this section with a list each quar-ter of all telephone lines receiving cus-tomer-owned coin-operated telephone(COCOT) service in the LEC’s region asof the date the list was generated.

(f) A competitive payphone owner(PPO) that seeks compensation forcompetitive payphones that are not in-cluded on a LEC COCOT list satisfiesits obligation to provide alternativereasonable verification to an IXC if itprovides to that IXC:

(1) A notarized affidavit, signed bythe president of the company, attestingthat each of the payphones for whichthe PPO seeks compensation is a com-petitive payphone that was in workingorder as of the last day of the com-pensation period); and

(2) Corroborating evidence that eachsuch payphone is owned by the PPOseeking compensation and was in work-ing order on the last day of the com-pensation period. Corroborating evi-dence shall include, at a minimum, thetelephone bill for the last month of thebilling quarter indicating use of a linescreening service.

[57 FR 21040, May 18, 1992, as amended at 58FR 57750, Oct. 27, 1993; 60 FR 49234, Sept. 22,1995; 61 FR 52323, Oct. 7, 1996; 61 FR 54345,Oct. 18, 1996]

EFFECTIVE DATE NOTE: At 61 FR 52324, Oct.7, 1996, § 64.1301 was removed, effective Oct. 7,1997.

§ 64.1310 Payphone compensation pay-ment procedures.

(a) It is the responsibility of eachcarrier to whom a compensable callfrom a payphone is routed to track, orarrange for the tracking of, each suchcall so that it may accurately computethe compensation required by Section64.1300(a).

(b) Carriers and payphone serviceproviders shall establish arrangementsfor the billing and collection of com-pensation for calls subject to Section64.1300(a).

(c) Local Exchange Carriers mustprovide to carriers required to paycompensation pursuant to Section64.1300(a) a list of payphone numbers intheir service areas. The list must beprovided on a quarterly basis. LocalExchange Carriers must verify disputednumbers in a timely manner, and mustmaintain verification data for 18months after close of the compensationperiod.

(d) Local Exchange Carriers must re-spond to all carrier requests for


200

47 CFR Ch. I (10–1–97 Edition)§ 64.1320

payphone number verification in con-nection with the compensation require-ments herein, even if such verificationis a negative response.

(e) A payphone service provider thatseeks compensation for payphones thatare not included on the Local ExchangeCarrier’s list satisfies its obligation toprovide alternative reasonable verifica-tion to a payor carrier if it provides tothat carrier:

(1) A notarized affidavit attestingthat each of the payphones for whichthe payphone service provider seekscompensation is a payphone that wasin working order as of the last day ofthe compensation period; and

(2) Corroborating evidence that eachsuch payphone is owned by thepayphone service provider seekingcompensation and was in workingorder on the last day of the compensa-tion period. Corroborating evidenceshall include, at a minimum, the tele-phone bill for the last month of thebilling quarter indicating use of a linescreening service.

[61 FR 52324, Oct. 7, 1996]

EFFECTIVE DATE NOTE: At 61 FR 52324, Oct.7, 1996, § 64.1310 was added, effective Oct. 7,1997.

§ 64.1320 Payphone compensation ver-ification and reports.

(a) Carriers subject to payment ofcompensation pursuant to Section64.1300(a) shall conduct an annual ver-ification of calls routed to them thatare subject to such compensation andfile a report with the Chief, CommonCarrier Bureau within 90 days of theend of the calendar year, provided,however, that such verification and re-port shall not be required for calls re-ceived after December 31, 1998.

(b) The annual verification requiredin this section shall list the totalamount of compensation paid topayphone service providers for intra-state, interstate and internationalcalls, the number of compensable callsreceived by the carrier and the numberof payees.

[61 FR 52324, Oct. 7, 1996]

EFFECTIVE DATE NOTE: At 61 FR 52324, Oct.7, 1996, § 64.1320 was added, effective Oct. 7,1997.

§ 64.1330 State review of payphoneentry and exit regulations and pub-lic interest payphones.

(a) Each state must review and re-move any of its regulations applicableto payphones and payphone serviceproviders that impose market entry orexit requirements.

(b) Each state must ensure that ac-cess to dialtone, emergency calls, andtelecommunications relay service callsfor the hearing disabled is availablefrom all payphones at no charge to thecaller.

(c) Each state must review its rulesand policies to determine whether ithas provided for public interestpayphones consistent with applicableCommission guidelines, evaluatewhether it needs to take measures toensure that such payphones will con-tinue to exist in light of the Commis-sion’s implementation of Section 276 ofthe Communications Act, and admin-ister and fund such programs so thatsuch payphones are supported fairlyand equitably. This review must becompleted by September 20, 1998.

[61 FR 52323, Oct. 7, 1996]

§ 64.1340 Right to negotiate.Unless prohibited by Commission

order, payphone service providers havethe right to negotiate with the loca-tion provider on the location provider’sselecting and contracting with, and,subject to the terms of any agreementwith the location provider, to selectand contract with, the carriers thatcarry interLATA and intraLATA callsfrom their payphones.

[61 FR 52323, Oct. 7, 1996]

Subpart N—ExpandedInterconnection

§ 64.1401 Expanded interconnection.(a) Every local exchange carrier that

is classified as a Class A companyunder § 32.11 of this chapter and that isnot a National Exchange Carrier Asso-ciation interstate tariff participant, asprovided in part 69, subpart G of thischapter, shall offer expanded inter-connection for interstate special accessservices at their central offices thatare classified as end offices or serving


201


wire centers, and at other rating pointsused for interstate special access.

(b) The local exchange carriers speci-fied in paragraph (a) of this sectionshall offer expanded interconnectionfor interstate switched transport serv-ices:

(1) In their central offices that areclassified as end offices or serving wirecenters, as well as at all tandem officeshoused in buildings containing suchcarriers’ end offices or serving wirecenters for which interstate switchedtransport expanded interconnectionhas been tariffed;

(2) Upon bona fide request, in tandemoffices housed in buildings not contain-ing such carriers’ end offices or servingwire centers, or in buildings containingthe carriers’ end offices or serving wirecenters for which interstate switchedtransport expanded interconnectionhas not been tariffed; and

(3) Upon bona fide request, at remotenodes/switches that serve as ratingpoints for interstate switched trans-port and that are capable of routingoutgoing interexchange access trafficto interconnectors and in which inter-connectors can route terminating traf-fic to such carriers. No such carrier isrequired to enhance remote nodes/switches or to build additional space toaccommodate interstate switchedtransport expanded interconnection atthese locations.

(c) The local exchange carriers speci-fied in paragraph (a) of this sectionshall offer expanded interconnectionfor interstate special access andswitched transport services throughvirtual collocation, except that theymay offer physical collocation, insteadof virtual collocation, in specificcentral offices, as a service subject tonon-streamlined communications com-mon carrier regulation under Title II ofthe Communications Act (47 U.S.C. 201–228).

(d) For the purposes of this subpart,physical collocation means an offeringthat enables interconnectors:

(1) To place their own equipmentneeded to terminate basic transmissionfacilities, including optical terminat-ing equipment and multiplexers, withinor upon the local exchange carrier’scentral office buildings;

(2) To use such equipment to connectinterconnectors’ fiber optic systems ormicrowave radio transmission facili-ties (where reasonably feasible) withthe local exchange carrier’s equipmentand facilities used to provide interstatespecial access services;

(3) To enter the local exchange car-rier’s central office buildings, subjectto reasonable terms and conditions, toinstall, maintain, and repair the equip-ment described in paragraph (d)(1) ofthis section; and

(4) To obtain reasonable amounts ofspace in central offices for the equip-ment described in paragraph (d)(1) ofthis section, allocated on a first-come,first-served basis.

(e) For purposes of this subpart, vir-tual collocation means an offering thatenables interconnectors:

(1) To designate or specify equipmentneeded to terminate basic transmissionfacilities, including optical terminat-ing equipment and multiplexers, to belocated within or upon the local ex-change carrier’s buildings, and dedi-cated to such interconnectors’ use,

(2) To use such equipment to connectinterconnectors’ fiber optic systems ormicrowave radio transmission facili-ties (where reasonably feasible) withthe local exchange carrier’s equipmentand facilities used to provide interstatespecial and switched access services,and

(3) To monitor and control their com-munications channels terminating insuch equipment.

(f) Under both physical collocationoffering and virtual collocation offer-ings for expanded interconnection offiber optic facilities, local exchangecarriers shall provide:

(1) An interconnection point orpoints at which the fiber optic cablecarrying an interconnectors’ circuitscan enter each local exchange carrierlocation, provided that the local ex-change carrier shall designate inter-connection points as close as reason-ably possible to each location; and

(2) At least two such interconnectionpoints at any local exchange carrier lo-cation at which there are at least twoentry points for the local exchange car-rier’s cable facilities, and space isavailable for new facilities in at leasttwo of those entry points.


202

47 CFR Ch. I (10–1–97 Edition)§ 64.1402

(g) The local exchange carriers speci-fied in paragraph (a) of this sectionshall offer signalling for tandemswitching, as defined in § 69.2(vv) of thischapter, at central offices that areclassified as equal office end offices orserving wire centers, or at signal trans-fer points if such information is offeredvia common channel signalling.

[57 FR 54331, Nov. 18, 1992, as amended at 58FR 48762, Sept. 17, 1993; 59 FR 32930, June 27,1994; 59 FR 38930, Aug. 1, 1994]

§ 64.1402 Rights and responsibilities ofinterconnectors.

(a) For the purposes of this subpart,an interconnector means a party tak-ing expanded interconnection offerings.Any party shall be eligible to be aninterconnector.

(b) Interconnectors shall have theright, under expanded interconnection,to interconnect their fiber optic sys-tems and, where reasonably feasible,their microwave transmission facili-ties.

(c) Interconnectors shall not be al-lowed to use interstate special accessexpanded interconnection offerings toconnect their transmission facilitieswith the local exchange carrier’s inter-state switched services until that localexchange carrier’s tariffs implement-ing expanded interconnection forswitched transport have become effec-tive.

[57 FR 54331, Nov. 18, 1992, as amended at 61FR 43160, Aug. 21, 1996]

Subpart O—Interstate Pay-Per-Calland Other Information Services

SOURCE: 58 FR 44773, Aug. 25, 1993, unlessotherwise noted.

§ 64.1501 Definitions.

For purposes of this subpart, the fol-lowing definitions shall apply:

(a) Pay-per-call service means anyservice:

(1) In which any person provides orpurports to provide:

(i) Audio information or audio enter-tainment produced or packaged bysuch person;

(ii) Access to simultaneous voice con-versation services; or

(iii) Any service, including the provi-sion of a product, the charges for whichare assessed on the basis of the comple-tion of the call;

(2) For which the caller pays a per-call or per-time-interval charge that isgreater than, or in addition to, thecharge for transmission of the call; and

(3) Which is accessed through use of a900 number;

(4) Provided, however, such term doesnot include directory services providedby a common carrier or its affiliate orby a local exchange carrier or its affili-ate, or any service for which users areassessed charges only after enteringinto a presubscription or comparablearrangement with the provider of suchservice.

(b) Presubscription or comparable ar-rangement means a contractual agree-ment in which:

(1) The service provider clearly andconspicuously discloses to theconsumer all material terms and condi-tions associated with the use of theservice, including the service provid-er’s name and address, a business tele-phone number which the consumermay use to obtain additional informa-tion or to register a complaint, and therates for the service;

(2) The service provider agrees to no-tify the consumer of any future ratechanges;

(3) The consumer agrees to use theservice on the terms and conditionsdisclosed by the service provider; and

(4) The service provider requires theuse of an identification number orother means to prevent unauthorizedaccess to the service by nonsubscribers;

(5) Provided, however, that disclosureof a credit, prepaid account, debit,charge, or calling card number, alongwith authorization to bill that number,made during the course of a call to aninformation service shall constitute apresubscription or comparable arrange-ment if an introductory message con-taining the information specified in§ 64.1504(c)(2) is provided prior to, andindependent of, assessment of anycharges. No other action taken by aconsumer during the course of a call toan information service, for whichcharges are assessed, can create apresubscription or comparable arrange-ment.


203


(6) Provided, that a presubscriptionarrangement to obtain informationservices provided by means of a toll-free number shall conform to the re-quirements of § 64.1504(c).

(c) Calling card means an identifyingnumber or code unique to the individ-ual, that is issued to the individual bya common carrier and enables the indi-vidual to be charged by means of aphone bill for charges incurred inde-pendent of where the call originates.

[61 FR 39087, July 26, 1996]

§ 64.1502 Limitations on the provisionof pay-per-call services.

Any common carrier assigning a tele-phone number to a provider of inter-state pay-per-call service shall require,by contract or tariff, that such pro-vider comply with the provisions ofthis subpart and of titles II and III ofthe Telephone Disclosure and DisputeResolution Act (Pub. L. No. 102–556)(TDDRA) and the regulations pre-scribed by the Federal Trade Commis-sion pursuant to those titles.

§ 64.1503 Termination of pay-per-calland other information programs.

(a) Any common carrier assigning atelephone number to a provider ofinterstate pay-per-call service shallspecify by contract or tariff that pay-per-call programs not in compliancewith § 64.1502 shall be terminated fol-lowing written notice to the informa-tion provider. The information pro-vider shall be afforded a period of noless than seven and no more than 14days during which a program may bebrought into compliance. Programs notin compliance at the expiration of suchperiod shall be terminated imme-diately.

(b) Any common carrier providingtransmission or billing and collectionservices to a provider of interstate in-formation service through any 800 tele-phone number, or other telephone num-ber advertised or widely understood tobe toll-free, shall promptly investigateany complaint that such service is notprovided in accordance with § 64.1504 or§ 64.1510(c), and, if the carrier reason-ably determines that the complaint isvalid, may terminate the provision ofservice to an information provider un-less the provider supplies evidence of a

written agreement that meets the re-quirements of this § 64.1504(c)(1).

[61 FR 39087, July 26, 1996]

§ 64.1504 Restrictions on the use oftoll-free numbers.

A common carrier shall prohibit bytariff or contract the use of any 800telephone number, or other telephonenumber advertised or widely under-stood to be toll-free, in a manner thatwould result in:

(a) The calling party or the sub-scriber to the originating line being as-sessed, by virtue of completing thecall, a charge for a call;

(b) The calling party being connectedto a pay-per-call service;

(c) The calling party being chargedfor information conveyed during thecall unless:

(1) The calling party has a writtenagreement (including an agreementtransmitted through electronic me-dium) that specifies the material termsand conditions under which the infor-mation is offered and includes:

(i) The rate at which charges are as-sessed for the information;

(ii) The information provider’s name;(iii) The information provider’s busi-

ness address;(iv) The information provider’s regu-

lar business telephone number;(v) The information provider’s agree-

ment to notify the subscriber at leastone billing cycle in advance of all fu-ture changes in the rates charged forthe information;

(vi) The subscriber’s choice of pay-ment method, which may be by directremit, debit, prepaid account, phonebill, or credit or calling card and, if asubscriber elects to pay by means ofphone bill, a clear explanation that thesubscriber will be assessed for callsmade to the information service fromthe subscriber’s phone line;

(vii) A unique personal identificationnumber or other subscriber-specificidentifier that must be used to obtainaccess to the information service andinstructions on its use, and, in addi-tion, assures that any charges for serv-ices accessed by use of the subscriber’spersonal identification number or sub-scriber-specific identifier be assessed tosubscriber’s source of payment elected


204

47 CFR Ch. I (10–1–97 Edition)§ 64.1505

pursuant to paragraph (c)(1)(vi) of thissection; or

(2) The calling party is charged forthe information by means of a credit,prepaid, debit, charge, or calling cardand the information service providerincludes in response to each call an in-troductory message that:

(i) Clearly states that there is acharge for the call;

(ii) Clearly states the service’s totalcost per minute and any other fees forthe service or for any service to whichthe caller may be transferred;

(iii) Explains that the charges mustbe billed on either a credit, prepaid,debit, charge, or calling card;

(iv) Asks the caller for the card num-ber;

(v) Clearly states that charges for thecall begin at the end of the introduc-tory message; and

(vi) Clearly states that the caller canhang at or before the end of the intro-ductory message without incurring anycharge whatsoever.

(d) The calling party being calledback collect for the provision of audioor data information services, simulta-neous voice conversation services, orproducts; and

(e) The calling party being assessedby virtue of the caller being asked toconnect or otherwise transfer to a pay-per-call service, a charge for the call.

(f) Provided, however, that:(1) Notwithstanding paragraph (c)(1)

of this section, a written agreementthat meets the requirements of thatparagraph is not required for:

(i) Calls utilizing telecommuni-cations devices for the deaf;

(ii) Directory services provided by acommon carrier or its affiliate or by alocal exchange carrier or its affiliate;or

(iii) Any purchase of goods or of serv-ices that are not information services.

(2) The requirements of paragraph(c)(2) of this section shall not apply tocalls from repeat callers using a bypassmechanism to avoid listening to the in-troductory message: Provided, That in-formation providers shall disable sucha bypass mechanism after the institu-tion of any price increase for a periodof time determined to be sufficient bythe Federal Trade Commission to give

callers adequate and sufficient noticeof a price increase.

[61 FR 39087, July 26, 1996]

§ 64.1505 Restrictions on collect tele-phone calls.

(a) No common carrier shall provideinterstate transmission or billing andcollection services to an entity offeringany service within the scope of§ 64.1501(a)(1) that is billed to a sub-scriber on a collect basis at a per-callor per-time-interval charge that isgreater than, or in addition to, thecharge for transmission of the call.

(b) No common carrier shall provideinterstate transmission services forany collect information services billedto a subscriber at a tariffed rate unlessthe called party has taken affirmativeaction clearly indicating that it ac-cepts the charges for the collect serv-ice.

§ 64.1506 Number designation.

Any interstate service described in§ 64.1501(a)(1)–(2), and not subject to theexclusions contained in § 64.1501(a)(4),shall be offered only through telephonenumbers beginning with a 900 serviceaccess code.

[59 FR 46770, Sept. 12, 1994]

§ 64.1507 Prohibition on disconnectionor interruption of service for fail-ure to remit pay-per-call and simi-lar service charges.

No common carrier shall disconnector interrupt in any manner, or orderthe disconnection or interruption of, atelephone subscriber’s local exchangeor long distance telephone service as aresult of that subscriber’s failure topay:

(a) Charges for interstate pay-per-call service;

(b) Charges for interstate informa-tion services provided pursuant to apresubscription or comparable arrange-ment; or

(c) Charges for interstate informa-tion services provided on a collectbasis which have been disputed by thesubscriber.

[58 FR 44773, Aug. 25, 1993, as amended at 59FR 46770, Sept. 12, 1994]


205


§ 64.1508 Blocking access to 900 serv-ice.

(a) Local exchange carriers mustoffer to their subscribers, where tech-nically feasible, an option to block ac-cess to services offered on the 900 serv-ice access code. Blocking is to be of-fered at no charge, on a one-time basis,to:

(1) All telephone subscribers duringthe period from November 1, 1993through December 31, 1993; and

(2) Any subscriber who subscribes toa new telephone number for a period of60 days after the new number is effec-tive.

(b) For blocking requests not withinthe one-time option or outside the timeframes specified in paragraph (a) ofthis section, and for unblocking re-quests, local exchange carriers maycharge a reasonable one-time fee. Re-quests by subscribers to remove 900services blocking must be in writing.

(c) The terms and conditions underwhich subscribers may obtain 900 serv-ices blocking are to be included in tar-iffs filed with this Commission.

§ 64.1509 Disclosure and disseminationof pay-per-call information.

(a) Any common carrier assigning atelephone number to a provider ofinterstate pay-per-call services shallmake readily available, at no charge,to Federal and State agencies and allother interested persons:

(1) A list of the telephone numbersfor each of the pay-per-call services itcarries;

(2) A short description of each suchservice;

(3) A statement of the total cost orthe cost per minute and any other feesfor each such service; and

(4) A statement of the pay-per-callservice provider’s name, business ad-dress, and business telephone number.

(b) Any common carrier assigning atelephone number to a provider ofinterstate pay-per-call services and of-fering billing and collection services tosuch provider shall:

(1) Establish a local or toll-free tele-phone number to answer questions andprovide information on subscribers’rights and obligations with regard totheir use of pay-per-call services and toprovide to callers the name and mail-

ing address of any provider of pay-per-call services offered by that carrier;and

(2) Provide to all its telephone sub-scribers, either directly or throughcontract with any local exchange car-rier providing billing and collectionservices to that carrier, a disclosurestatement setting forth all rights andobligations of the subscriber and thecarrier with respect to the use and pay-ment of pay-per-call services. Suchstatement must include the prohibitionagainst disconnection of basic commu-nications services for failure to paypay-per-call charges established by§ 64.1507, the right of a subscriber to ob-tain blocking in accordance with§ 64.1508, the right of a subscriber not tobe billed for pay-per-call services notoffered in compliance with federal lawsand regulations established by§ 64.1510(a)(1), and the possibility that asubscriber’s access to 900 services maybe involuntarily blocked pursuant to§ 64.1512 for failure to pay legitimatepay-per-call charges. Disclosure state-ments must be forwarded to:

(i) All telephone subscribers no laterthan 60 days after these regulationstake effect;

(ii) All new telephone subscribers nolater than 60 days after service is es-tablished;

(iii) All telephone subscribers re-questing service at a new location nolater than 60 days after service is es-tablished; and

(iv) Thereafter, to all subscribers atleast once per calendar year, at inter-vals of not less than 6 months nor morethan 18 months.

[58 FR 44773, Aug. 25, 1993, as amended at 61FR 55582, Oct. 28, 1996]

§ 64.1510 Billing and collection of pay-per-call and similar service charges.

(a) Any common carrier assigning atelephone number to a provider ofinterstate pay-per-call services and of-fering billing and collection services tosuch provider shall:

(1) Ensure that a subscriber is notbilled for interstate pay-per-call serv-ices that such carrier knows or reason-ably should know were provided in vio-lation of the regulations set forth in


206

47 CFR Ch. I (10–1–97 Edition)§ 64.1511

this subpart or prescribed by the Fed-eral Trade Commission pursuant to ti-tles II or III of the TDDRA or anyother federal law;

(2) In any billing to telephone sub-scribers that includes charges for anyinterstate pay-per-call service:

(i) Include a statement indicatingthat:

(A) Such charges are for non-commu-nications services;

(B) Neither local nor long distancesservices can be disconnected for non-payment although an information pro-vider may employ private entities toseek to collect such charges;

(C) 900 number blocking is availableupon request; and

(D) Access to pay-per-call servicesmay be involuntarily blocked for fail-ure to pay legitimate charges;

(ii) Display any charges for pay-per-call services in a part of the bill that isidentified as not being related to localand long distance telephone charges;

(iii) Specify, for each pay-per-callcharge made, the type of service, theamount of the charge, and the date,time, and, for calls billed on a time-sensitive basis, the duration of the call;and

(iv) Identify the local or toll-freenumber established in accordance with§ 64.1509(b)(1).

(b) Any common carrier offering bill-ing and collection services to an entityproviding interstate information serv-ices on a collect basis shall, to the ex-tent possible, display the billing infor-mation in the manner described inparagraphs (a)(2)(i), (A), (B), (D) and(a)(2)(ii) of this section.

(c) If a subscriber elects, pursuant to§ 64.1504(c)(1)(vi), to pay by means of aphone bill for any information serviceprovided by through any 800 telephonenumber, or other telephone number ad-vertised or widely understood to betoll-free, the phone bill shall:

(1) Include, in prominent type, thefollowing disclaimer: ‘‘Common car-riers may not disconnect local or longdistance telephone service for failureto pay disputed charges for informa-tion services;’’ and

(2) Clearly list the 800 or other toll-free number dialed.

[58 FR 44773, Aug. 25, 1993, as amended at 59FR 46771, Sept. 12, 1994; 61 FR 39088, July 26,1996]

§ 64.1511 Forgiveness of charges andrefunds.

(a) Any carrier assigning a telephonenumber to a provider of interstate pay-per-call services or providing trans-mission for interstate informationservices provided pursuant to apresubscription or comparable arrange-ment or on a collect basis, and provid-ing billing and collection for such serv-ices, shall establish procedures for thehandling of subscriber complaints re-garding charges for those services. Abilling carrier is afforded discretion toset standards for determining when asubscriber’s complaint warrants for-giveness, refund or credit of interstatepay-per-call or information servicescharges provided that such chargesmust be forgiven, refunded, or creditedwhen a subscriber has complainedabout such charges and either thisCommission, the Federal Trade Com-mission, or a court of competent juris-diction has found or the carrier has de-termined, upon investigation, that theservice has been offered in violation offederal law or the regulations that areeither set forth in this subpart or pre-scribed by the Federal Trade Commis-sion pursuant to titles II or III of theTDDRA. Carriers shall observe therecord retention requirements set forthin § 42.6 of this chapter except that rel-evant records shall be retained by car-riers beyond the requirements of part42 of this chapter when a complaint ispending at the time the specified reten-tion period expires.

(b) Any carrier assigning a telephonenumber to a provider of interstate pay-per-call services but not providing bill-ing and collection services for suchservices, shall, by tariff or contract, re-quire that the provider and/or its bill-ing and collection agents have in placeprocedures whereby, upon complaint,pay-per-call charges may be forgiven,refunded, or credited, provided thatsuch charges must be forgiven, re-funded, or credited when a subscriberhas complained about such charges andeither this Commission, the Federal


207


Trade Commission, or a court of com-petent jurisdiction has found or thecarrier has determined, upon investiga-tion, that the service has been offeredin violation of federal law or the regu-lations that are either set forth in thissubpart or prescribed by the FederalTrade Commission pursuant to titles IIor III of the TDDRA.

[58 FR 44773, Aug. 25, 1993, as amended at 59FR 46771, Sept. 12, 1994]

§ 64.1512 Involuntary blocking of pay-per-call services.

Nothing in this subpart shall pre-clude a common carrier or informationprovider from blocking or ordering theblocking of its interstate pay-per-callprograms from numbers assigned tosubscribers who have incurred, but notpaid, legitimate pay-per-call charges,except that a subscriber who has filed acomplaint regarding a particular pay-per-call program pursuant to proce-dures established by the Federal TradeCommission under title III of theTDDRA shall not be involuntarilyblocked from access to that programwhile such a complaint is pending. Thisrestriction is not intended to precludeinvoluntary blocking when a carrier orIP has decided in one instance to sus-tain charges against a subscriber butthat subscriber files additional sepa-rate complaints.

§ 64.1513 Verification of charitable sta-tus.

Any common carrier assigning a tele-phone number to a provider of inter-state pay-per-call services that the car-rier knows or reasonably should knowis engaged in soliciting charitable con-tributions shall obtain verificationthat the entity or individual for whomcontributions are solicited has beengranted tax exempt status by the In-ternal Revenue Service.

§ 64.1514 Generation of signallingtones.

No common carrier shall assign atelephone number for any pay-per-callservice that employs broadcast adver-tising which generates the audibletones necessary to complete a call to apay-per-call service.

§ 64.1515 Recovery of costs.

No common carrier shall recover itscost of complying with the provisionsof this subpart from local or long dis-tance ratepayers.

Subpart P—Calling PartyTelephone Number; Privacy

SOURCE: 59 FR 18319, Apr. 18, 1994, unlessotherwise noted.


(a) Aggregate information. The term‘‘aggregate information’’ means collec-tive data that relate to a group or cat-egory of services or customers, fromwhich individual customer identities orcharacteristics have been removed.

(b) ANI. The term ‘‘ANI’’ (automaticnumber identification) refers to the de-livery of the calling party’s billingnumber by a local exchange carrier toany interconnecting carrier for billingor routing purposes, and to the subse-quent delivery of such number to endusers.

(c) Calling party number. The termCalling Party Number refers to thesubscriber line number or the directorynumber contained in the calling partynumber parameter of the call set-upmessage associated with an interstatecall on a Signaling System 7 network.

(d) Charge number. The term ‘‘chargenumber’’ refers to the delivery of thecalling party’s billing number in a Sig-naling System 7 environment by alocal exchange carrier to any inter-connecting carrier for billing or rout-ing purposes, and to the subsequent de-livery of such number to end users.

(e) Privacy indicator. The term Pri-vacy Indicator refers to information,contained in the calling party numberparameter of the call set-up messageassociated with an interstate call on anSignaling System 7 network, that indi-cates whether the calling party author-izes presentation of the calling partynumber to the called party.

(f) Signaling System 7. The term Sig-naling System 7 (SS7) refers to a car-rier to carrier out-of-band signalingnetwork used for call routing, billingand management.

[60 FR 29490, June 5, 1995]


208

47 CFR Ch. I (10–1–97 Edition)§ 64.1601

§ 64.1601 Delivery requirements andprivacy restrictions.

(a) Delivery. Except as provided inparagraph (d) of this section, commoncarriers using Signaling System 7 andoffering or subscribing to any servicebased on Signaling System 7functionality are required to transmitthe calling party number (CPN) associ-ated with an interstate call to inter-connecting carriers.

(b) Privacy. Except as provided inparagraph (d) of this section, originat-ing carriers using Signaling System 7and offering or subscribing to any serv-ice based on Signaling System 7functionality will recognize *67 dialedas the first three digits of a call (or1167 for rotary or pulse dialing phones)as a caller’s request that the CPN notbe passed on an interstate call. Suchcarriers providing line blocking serv-ices will recognize *82 as a caller’s re-quest that the CPN be passed on aninterstate call. No common carrier sub-scribing to or offering any service thatdelivers CPN may override the privacyindicator associated with an interstatecall. Carriers must arrange their CPN-based services, and billing practices, insuch a manner that when a caller re-quests that the CPN not be passed, acarrier may not reveal that caller’snumber or name, nor may the carrieruse the number or name to allow thecalled party to contact the callingparty. The terminating carrier mustact in accordance with the privacy in-dicator unless the call is made to acalled party that subscribes to an ANIor charge number based service and thecall is paid for by the called party.

(c) Charges. No common carrier sub-scribing to or offering any service thatdelivers calling party number may

(1) Impose on the calling partycharges associated with per call block-ing of the calling party’s telephonenumber, or

(2) Impose charges upon connectingcarriers for the delivery of the callingparty number parameter or its associ-ated privacy indicator.

(d) Exemptions. Section 64.1601(a) and(b) shall not apply when:

(1) A call originates from a payphone.(2) A local exchange carrier with Sig-

naling System 7 capability does nothave the software to provide *67 or *82

functionalities. Such carriers are pro-hibited from passing CPN.

(3) A Private Branch Exchange orCentrex system does not pass end userCPN. Centrex systems that rely on *6or *8 for a function other than CPNblocking or unblocking, respectively,are also exempt if they employ alter-native means of blocking orunblocking.

(4) CPN delivery—(i) Is used solely in connection with

calls within the same limited system,including (but not limited to) aCentrex system, virtual private net-work, or Private Branch Exchange;

(ii) Is used on a public agency’s emer-gency telephone line or in conjunctionwith 911 emergency services, or on anyentity’s emergency assistance poisoncontrol telephone line; or

(iii) Is provided in connection withlegally authorized call tracing or trap-ping procedures specifically requestedby a law enforcement agency.

[60 FR 29490, June 5, 1995; 60 FR 54449, Oct. 24,1995, as amended at 62 FR 34015, June 24, 1997]

§ 64.1602 Restrictions on use and saleof telephone subscriber informationprovided pursuant to automaticnumber identification or chargenumber services.

(a) Any common carrier providingAutomatic Number Identification orcharge number services on interstatecalls to any person shall provide suchservices under a contract or tariff con-taining telephone subscriber informa-tion requirements that comply withthis subpart. Such requirements shall:

(1) Permit such person to use thetelephone number and billing informa-tion for billing and collection, routing,screening, and completion of the origi-nating telephone subscriber’s call ortransaction, or for services directly re-lated to the originating telephone sub-scriber’s call or transaction;

(2) Prohibit such person from reusingor selling the telephone number or bill-ing information without first

(i) Notifying the originating tele-phone subscriber and,

(ii) Obtaining the affirmative consentof such subscriber for such reuse orsale; and,

(3) Prohibit such person from disclos-ing, except as permitted by paragraphs


209


(a) (1) and (2) of this section, any infor-mation derived from the automaticnumber identification or charge num-ber service for any purpose other than

(i) Performing the services or trans-actions that are the subject of the orig-inating telephone subscriber’s call,

(ii) Ensuring network performancesecurity, and the effectiveness of calldelivery,

(iii) Compiling, using, and disclosingaggregate information, and

(iv) Complying with applicable law orlegal process.

(b) The requirements imposed underparagraph (a) of the section shall notprevent a person to whom automaticnumber identification or charge num-ber services are provided from using

(1) The telephone number and billinginformation provided pursuant to suchservice, and

(2) Any information derived from theautomatic number identification orcharge number service, or from theanalysis of the characteristics of atelecommunications transmission, tooffer a product or service that is di-rectly related to the products or serv-ices previously acquired by that cus-tomer from such person. Use of such in-formation is subject to the require-ments of 47 CFR 64.1200 and 64.1504(c).

[60 FR 29490, June 5, 1995]

§ 64.1603 Customer notification.Any common carrier participating in

the offering of services providing call-ing party number, ANI, or charge num-ber on interstate calls must notify itssubscribers, individually or in conjunc-tion with other carriers, that theirtelephone numbers may be identifiedto a called party. Such notificationmust be made not later than December1, 1995, and at such times thereafter asto ensure notice to subscribers. The no-tification must be effective in inform-ing subscribers how to maintain pri-vacy by dialing *67 (or 1167 for rotaryor pulse-dialing phones) on interstatecalls. The notice shall inform subscrib-ers whether dialing *82 (or 1182 for ro-tary or pulse-dialing phones) on inter-state calls is necessary to present call-ing party number to called parties. ForANI or charge number services forwhich such privacy is not provided, thenotification shall inform subscribers of

the restrictions on the reuse or sale ofsubscriber information.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24,1995]

§ 64.1604 Effective date.

The provisions of §§ 64.1600 and 64.1602are effective April 12, 1995. The provi-sions of §§ 64.1601 and 64.1603 are effec-tive December 1, 1995, except §§ 64.1601and 64.1603 do not apply to publicpayphones and partylines until Janu-ary 1, 1997.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24,1995]

Subpart Q—Implementation ofSection 273(d)(5) of theCommuniations Act: DisputeResolution Regarding Equip-ment Standards

SOURCE: 61 FR 24903, May 17, 1996, unlessotherwise noted.

§ 64.1700 Purpose and scope.

The purpose of this subpart is to im-plement the Telecommunications Actof 1996 which amended the Communica-tions Act by creating section 273(d)(5),47 U.S.C. 273(d)(5). Section 273(d) setsforth procedures to be followed by non-accredited standards development or-ganizations when these organizationsset industry-wide standards and ge-neric requirements for telecommuni-cations equipment or customer prem-ises equipment. The statutory proce-dures allow outside parties to fund andparticipate in setting the organiza-tion’s standards and require the orga-nization and the parties to develop aprocess for resolving any technical dis-putes. In cases where all parties cannotagree to a mutually satisfactory dis-pute resolution process, section273(d)(5) requires the Commission toprescribe a dispute resolution process.


For purposes of this subpart, theterms accredited standards developmentorganization, funding party, generic re-quirement, and industry-wide have thesame meaning as found in 47 U.S.C. 273.


210

47 CFR Ch. I (10–1–97 Edition)§ 64.1702

§ 64.1702 Procedures.

If a non-accredited standards devel-opment organization (NASDO) and thefunding parties are unable to agreeunanimously on a dispute resolutionprocess prior to publishing a text forcomment pursuant to 47 U.S.C.273(d)(4)(A)(v), a funding party may usethe default dispute resolution processset forth in section 64.1703.

§ 64.1703 Dispute resolution defaultprocess.

(a) Tri-Partite Panel. Technical dis-putes governed by this section shall beresolved in accordance with the rec-ommendation of a three-person panel,subject to a vote of the funding partiesin accordance with paragraph (b) ofthis section. Persons who participatedin the generic requirements or stand-ards development process are eligibleto serve on the panel. The panel shallbe selected and operate as follows:

(1) Within two (2) days of the filing ofa dispute with the NASDO invokingthe dispute resolution default process,both the funding party seeking disputeresolution and the NASDO shall selecta representative to sit on the panel;

(2) Within four (4) days of their selec-tion, the two panelists shall select aneutral third panel member to create atri-partite panel;

(3) The tri-partite panel shall, at aminimum, review the proposed text ofthe NASDO and any explanatory mate-rial provided to the funding parties bythe NASDO, the comments and any al-ternative text provided by the fundingparty seeking dispute resolution, anyrelevant standards which have been es-tablished or which are under develop-ment by an accredited-standards devel-opment organization, and any com-ments submitted by other funding par-ties;

(4) Any party in interest submittinginformation to the panel for consider-ation (including the NASDO, the partyseeking dispute resolution and theother funding parties) shall be asked bythe panel whether there is knowledgeof patents, the use of which may be es-sential to the standard or generic re-quirement being considered. The factthat the question was asked along withany affirmative responses shall be re-

corded, and considered, in the panel’srecommendation; and

(5) The tri-partite panel shall, withinfifteen (15) days after being estab-lished, decide by a majority vote, theissue or issues raised by the partyseeking dispute resolution and producea report of their decision to the fund-ing parties. The tri-partite panel mustadopt one of the five options listedbelow:

(i) The NASDO’s proposal on theissue under consideration;

(ii) The position of the party seekingdispute resolution on the issue underconsideration;

(iii) A standard developed by an ac-credited standards development organi-zation that addresses the issue underconsideration;

(iv) A finding that the issue is notripe for decision due to insufficienttechnical evidence to support thesoundness of any one proposal over anyother proposal; or

(v) Any other resolution that is con-sistent with the standard described insection 64.1703(a)(6).

(6) The tri-partite panel must choose,from the five options outlined above,the option that they believe providesthe most technically sound solutionand base its recommendation upon thesubstantive evidence presented to thepanel. The panel is not precluded fromtaking into account complexity of im-plementation and other practical con-siderations in deciding which option ismost technically sound. Neither of thedisputants (i.e., the NASDO and thefunding party which invokes the dis-pute resolution process) will be per-mitted to participate in any decision toreject the mediation panel’s rec-ommendation.

(b) The tri-partite panel’s rec-ommendation(s) must be included inthe final industry-wide standard or in-dustry-wide generic requirement, un-less three-fourths of the funding par-ties who vote decide within thirty (30)days of the filing of the dispute to re-ject the recommendation and acceptone of the options specified in para-graphs (a)(5) (i) through (v) of this sec-tion. Each funding party shall have onevote.

(c) All costs sustained by the tri-partite panel will be incorporated into


211


the cost of producing the industry-widestandard or industry-wide generic re-quirement.

§ 64.1704 Frivolous disputes/penalties.(a) No person shall willfully refer a

dispute to the dispute resolution proc-ess under this subpart unless to thebest of his knowledge, information andbelief there is good ground to supportthe dispute and the dispute is notinterposed for delay.

(b) Any person who fails to complywith the requirements in paragraph (a)of this section, may be subject to for-feiture pursuant to section 503(b) of theCommunications Act, 47 U.S.C. 503(b).

Subpart R—Geographic RateAveraging and Rate Integration

AUTHORITY: 47 U.S.C. §§ 151, 154(i), 201–205,214(e), 215 and 254(g).

§ 64.1801 Geographic rate averagingand rate integration.

(a) The rates charged by providers ofinterexchange telecommunicationsservices to subscribers in rural andhigh-cost areas shall be no higher thanthe rates charged by each such pro-vider to its subscribers in urban areas.

(b) A provider of interstate inter-exchange telecommunications servicesshall provide such services to its sub-scribers in each U.S. state at rates nohigher than the rates charged to itssubscribers in any other state.

[61 FR 42564, Aug. 16, 1996]

Subpart S—Nondominant Inter-exchange Carrier Certifi-cations Regarding Geo-graphic Rate Averaging andRate Integration Requirements

§ 64.1900 Nondominant interexchangecarrier certifications regarding geo-graphic rate averaging and rate in-tegration requirements.

(a) A nondominant provider of inter-exchange telecommunications services,which provides detariffed interstate,domestic, interexchange services, shallfile with the Commission, on an annualbasis, a certification that it is provid-ing such services in compliance with

its geographic rate averaging and rateintegration obligations pursuant tosection 254(g) of the CommunicationsAct of 1934, as amended.

(b) The certification filed pursuant toparagraph (a) of this section shall besigned by an officer of the companyunder oath.

[61 FR 59366, Nov. 22, 1996]

Subpart T—Separate Affiliate Re-quirements for IncumbentIndependent Local ExchangeCarriers That Provide In-Re-gion, Interstate DomesticInterexchange Services or In-Region International Inter-exchange Services

SOURCE: 62 FR 36017, July 3, 1997, unlessotherwise noted.

§ 64.1901 Basis and purpose.

(a) Basis. These rules are issued pur-suant to the Communications Act of1934, as amended.

(b) Purpose. The purpose of theserules is to regulate the provision of in-region, interstate, domestic, inter-exchange services and in-region inter-national interexchange services by in-cumbent independent local exchangecarriers.

§ 64.1902 Terms and definitions.

TERMS USED IN THIS PART HAVE THE

FOLLOWING MEANINGS:Books of Account. Books of account

refer to the financial accounting sys-tem a company uses to record, in mon-etary terms the basic transactions of acompany. These books of account re-flect the company’s assets, liabilities,and equity, and the revenues and ex-penses from operations. Each companyhas its own separate books of account.

Incumbent Independent Local ExchangeCarrier (Incumbent Independent LEC).The term incumbent independent localexchange carrier means, with respectto an area, the independent local ex-change carrier that:

(1) On February 8, 1996, provided tele-phone exchange service in such area;and


212

47 CFR Ch. I (10–1–97 Edition)§ 64.1903

(2) (i) On February 8, 1996, wasdeemed to be a member of the ex-change carrier association pursuant to§ 69.601(b) of this title; or

(ii) is a person or entity that, on orafter February 8, 1996, became a succes-sor or assign of a member described inparagraph (2) (i) of this definition. TheCommission may also, by rule, treat anindependent local exchange carrier asan incumbent independent local ex-change carrier pursuant to section251(h)(2) of the Communications Act of1934, as amended.

Independent Local Exchange Carrier(Independent LEC). Independent localexchange carriers are local exchangecarriers, including GTE, other than theBOCs.

Independent Local Exchange CarrierAffiliate (Independent LEC Affiliate).An independent local exchange carrieraffiliate is a carrier that is owned (inwhole or in part) or controlled by, orunder common ownership (in whole orin part) or control with, an independ-ent local exchange carrier.

In-Region Service. In-region servicemeans telecommunications serviceoriginating in an independent local ex-change carrier’s local service areas or800 service, private line service, ortheir equivalents that:

(1) Terminate in the independentLEC’s local exchange areas; and

(2) Allow the called party to deter-mine the interexchange carrier, even ifthe service originates outside the inde-pendent LEC’s local exchange areas.

Local Exchange Carrier. The termlocal exchange carrier means any per-son that is engaged in the provision oftelephone exchange service or ex-change access. Such term does not in-clude a person insofar as such person isengaged in the provision of a commer-cial mobile service under section 332(c),except to the extent that the Commis-sion finds that such service should beincluded in the definition of that term.

§ 64.1903 Obligations of all incumbentindependent local exchange car-riers.

(a) Except as provided in paragraph(c) of this section, an incumbent inde-pendent LEC providing in-region, inter-

state, interexchange services or in-re-gion international interexchange serv-ices shall provide such services throughan affiliate that satisfies the followingrequirements:

(1) The affiliate shall maintain sepa-rate books of account from its affili-ated exchange companies. Nothing inthis section requires the affiliate tomaintain separate books of accountthat comply with Part 32 of this title;

(2) The affiliate shall not jointly owntransmission or switching facilitieswith its affiliated exchange companies.Nothing in this section prohibits an af-filiate from sharing personnel or otherresources or assets with an affiliatedexchange company; and

(3) The affiliate shall acquire anyservices from its affiliated exchangecompanies for which the affiliated ex-change companies are required to file atariff at tariffed rates, terms, and con-ditions. Nothing in this section shallprohibit the affiliate from acquiringany unbundled network elements or ex-change services for the provision of atelecommunications service from itsaffiliated exchange companies, subjectto the same terms and conditions asprovided in an agreement approvedunder section 252 of the Communica-tions Act of 1934, as amended.

(b) The affiliate required in para-graph (a) of this section shall be a sepa-rate legal entity from its affiliated ex-change companies. The affiliate may bestaffed by personnel of its affiliated ex-change companies, housed in existingoffices of its affiliated exchange com-panies, and use its affiliated exchangecompanies’ marketing and other serv-ices, subject to paragraph (a)(3) of thissection.

(c) An incumbent independent LECthat is providing in-region, interstate,domestic interexchange services or in-region international interexchangeservices prior to April 18, 1997, but isnot providing such services through anaffiliate that satisfies paragraph (a) ofthis section as of April 18, 1997, shallcomply with the requirements of thissection no later than April 18, 1998.


213

Federal Communications Commission Pt. 64, App. A

APPENDIX A TO PART 64—TELECOMMUNI-CATIONS SERVICE PRIORITY (TSP)SYSTEM FOR NATIONAL SECURITYEMERGENCY PREPAREDNESS (NSEP)

1. Purpose and Authority

a. This appendix establishes policies andprocedures and assigns responsibilities forthe National Security Emergency Prepared-ness (NSEP) Telecommunications ServicePriority (TSP) System. The NSEP TSP Sys-tem authorizes priority treatment to certaindomestic telecommunications services (in-cluding portions of U.S. international tele-communication services provided by U.S.service vendors) for which provisioning orrestoration priority (RP) levels are re-quested, assigned, and approved in accord-ance with this appendix.

b. This appendix is issued pursuant to sec-tions 1, 4(i), 201 through 205 and 303(r) of theCommunications Act of 1934, as amended, 47U.S.C. 151, 154(i), 201 through 205 and 303(r).These sections grant to the Federal Commu-nications Commission (FCC) the authorityover the assignment and approval of prior-ities for provisioning and restoration of com-mon carrier-provided telecommunicationsservices. Under section 706 of the Commu-nications Act, this authority may be super-seded, and expanded to include non-commoncarrier telecommunication services, by thewar emergency powers of the President ofthe United States. This appendix providesthe Commission’s Order to telecommuni-cation service vendors and users to complywith policies and procedures establishing theNSEP TSP System, until such policies andprocedures are superseded by the President’swar emergency powers. This appendix is in-tended to be read in conjunction with regula-tions and procedures that the Executive Of-fice of the President issues (1) to implementresponsibilities assigned in section 6(b) ofthis appendix, or (2) for use in the event thisappendix is superseded by the President’swar emergency powers.

c. Together, this appendix and the regula-tions and procedures issued by the ExecutiveOffice of the President establish one uniformsystem of priorities for provisioning and res-toration of NSEP telecommunication serv-ices both before and after invocation of thePresident’s war emergency powers. In orderthat government and industry resources maybe used effectively under all conditions, asingle set of rules, regulations, and proce-dures is necessary, and they must be appliedon a day-to-day basis to all NSEP services sothat the priorities they establish can be im-plemented at once when the need arises.

* In sections 2(a)(2) and 2(b)(2) of ExecutiveOrder No. 12472, ‘‘Assignment of National Se-curity and Emergency Preparedness Tele-communications Functions’’ April 3, 1984 (49FR 13471 (1984)), the President assigned to

the Director, Office of Science and Tech-nology Policy, certain NSEP telecommuni-cation resource management responsibil-ities. The term ‘‘Executive Office of thePresident’’ as used in this appendix refers tothe official or organization designated by thePresident to act on his behalf.

2. Applicability and Revocation

a. This appendix applies to NSEP tele-communications services:

(1) For which initial or revised prioritylevel assignments are requested pursuant tosection 8 of this appendix.

(2) Which were assigned restoration prior-ities under the provision of FCC Order 80–581;81 FCC 2d 441 (1980); 47 CFR part 64, appendixA, ‘‘Priority System for the Restoration ofCommon Carrier Provided Intercity PrivateLine Services’’; and are being resubmittedfor priority level assignments pursuant tosection 10 of this appendix. (Such serviceswill retain assigned restoration prioritiesuntil a resubmission for a TSP assignment iscompleted or until the existing RP rules areterminated.)

b. FCC Order 80–581 will continue to applyto all other intercity, private line circuitsassigned restoration priorities thereunderuntil the fully operating capability date ofthis appendix, 30 months after the initial op-erating capability date referred to in sub-section d of this section.

c. In addition, FCC Order, ‘‘PrecedenceSystem for Public Correspondence ServicesProvided by the Communications CommonCarriers’’ (34 FR 17292 (1969)); (47 CFR part 64,appendix B), is revoked as of the effectivedate of this appendix.

d. The initial operating capability (IOC)date for NSEP TSP will be nine months afterrelease in the FEDERAL REGISTER of theFCC’s order following review of proceduressubmitted by the Executive Office of thePresident. On this IOC date requests for pri-ority assignments generally will be acceptedonly by the Executive Office of the Presi-dent.

3. Definitions

As used in this part:a. Assignment means the designation of pri-

ority level(s) for a defined NSEP tele-communications service for a specified timeperiod.

b. Audit means a quality assurance reviewin response to identified problems.

c. Government refers to the Federal govern-ment or any foreign, state, county, munici-pal or other local government agency or or-ganization. Specific qualifications will besupplied whenever reference to a particularlevel of government is intended (e.g., ‘‘Fed-eral government’’, ‘‘state government’’).‘‘Foreign government’’ means any sovereign


214

47 CFR Ch. I (10–1–97 Edition)Pt. 64, App. A

empire, kingdom, state, or independent po-litical community, including foreign diplo-matic and consular establishments and coa-litions or associations of governments (e.g.,North Atlantic Treaty Organization (NATO),Southeast Asian Treaty Organization(SEATO), Organization of American States(OAS), and government agencies or organiza-tion (e.g., Pan American Union, Inter-national Postal Union, and InternationalMonetary Fund)).

d. National Communications System (NCS) re-fers to that organization established by thePresident in Executive Order No. 12472, ‘‘As-signment of National Security and Emer-gency Preparedness TelecommunicationsFunctions,’’ April 3, 1984, 49 FR 13471 (1984).

e. National Coordinating Center (NCC) refersto the joint telecommunications industry-Federal government operation established bythe National Communications System to as-sist in the initiation, coordination, restora-tion, and reconstitution of NSEP tele-communication services or facilities.

f. National Security Emergency Preparedness(NSEP) telecommunications services, or‘‘NSEP services,’’ means telecommunicationservices which are used to maintain a stateof readiness or to respond to and manage anyevent or crisis (local, national, or inter-national), which causes or could cause injuryor harm to the population, damage to or lossof property, or degrades or threatens theNSEP posture of the United States. Theseservices fall into two specific categories,Emergency NSEP and Essential NSEP, andare assigned priority levels pursuant to sec-tion 9 of this appendix.

g. NSEP treatment refers to the provisioningof a telecommunication service before othersbased on the provisioning priority level as-signed by the Executive Office of the Presi-dent.

h. Priority action means assignment, revi-sion, revocation, or revalidation by the Exec-utive Office of the President of a prioritylevel associated with an NSEP telecommuni-cations service.

i. Priority level means the level that may beassigned to an NSEP telecommunicationsservice specifying the order in which provi-sioning or restoration of the service is tooccur relative to other NSEP and/or non-NSEP telecommunication services. Prioritylevels authorized by this appendix are des-ignated (highest to lowest) ‘‘E,’’ ‘‘1,’’ ‘‘2,’’‘‘3,’’ ‘‘4,’’ and ‘‘5,’’ for provisioning and ‘‘1,’’‘‘2,’’ ‘‘3,’’ ‘‘4,’’ and ‘‘5,’’ for restoration.

j. Priority level assignment means the prior-ity level(s) designated for the provisioningand/or restoration of a particular NSEP tele-communications service under section 9 ofthis appendix.

k. Private NSEP telecommunications servicesinclude non-common carrier telecommuni-cations services including private line, vir-

tual private line, and private switched net-work services.

l. Provisioning means the act of supplyingtelecommunications service to a user, in-cluding all associated transmission, wiringand equipment. As used herein, ‘‘provision-ing’’ and ‘‘initiation’’ are synonymous andinclude altering the state of an existing pri-ority service or capability.

m. Public switched NSEP telecommunicationsservices include those NSEP telecommuni-cations services utilizing public switchednetworks. Such services may include bothinterexchange and intraexchange networkfacilities (e.g., switching systems, interofficetrunks and subscriber loops).

n. Reconciliation means the comparison ofNSEP service information and the resolutionof identified discrepancies.

o. Restoration means the repair or return-ing to service of one or more telecommuni-cation services that have experienced a serv-ice outage or are unusable for any reason, in-cluding a damaged or impaired telecommuni-cations facility. Such repair or returning toservice may be done by patching, rerouting,substitution of component parts or path-ways, and other means, as determined nec-essary by a service vendor.

p. Revalidation means the rejustification bya service user of a priority level assignment.This may result in extension by the Execu-tive Office of the President of the expirationdate associated with the priority level as-signment.

q. Revision means the change of prioritylevel assignment for an NSEP telecommuni-cations service. This includes any extensionof an existing priority level assignment to anexpanded NSEP service.

r. Revocation means the elimination of apriority level assignment when it is nolonger valid. All priority level assignmentsfor an NSEP service are revoked upon serv-ice termination.

s. Service identification refers to the infor-mation uniquely identifying an NSEP tele-communications service to the service ven-dor and/or service user.

t. Service user refers to any individual ororganization (including a service vendor)supported by a telecommunications servicefor which a priority level has been requestedor assigned pursuant to section 8 or 9 of thisappendix.

u. Service vendor refers to any person, asso-ciation, partnership, corporation, organiza-tion, or other entity (including common car-riers and government organizations) that of-fers to supply any telecommunicationsequipment, facilities, or services (includingcustomer premises equipment and wiring) orcombination thereof. The term includes re-sale carriers, prime contractors, subcontrac-tors, and interconnecting carriers.


215


v. Spare circuits or services refers to thosenot being used or contracted for by any cus-tomer.

w. Telecommunication services means thetransmission, emission, or reception of sig-nals, signs, writing, images, sounds, or intel-ligence of any nature, by wire, cable, sat-ellite, fiber optics, laser, radio, visual orother electronic, electric, electromagnetic,or acoustically coupled means, or any com-bination thereof. The term can include nec-essary telecommunication facilities.

x. Telecommunications Service Priority (TSP)system user refers to any individual, organiza-tion, or activity that interacts with theNSEP TSP System.

4. Scope

a. Domestic NSEP services. The NSEP TSPSystem and procedures established by thisappendix authorize priority treatment to thefollowing domestic telecommunication serv-ices (including portions of U.S. internationaltelecommunication services provided by U.S.vendors) for which provisioning or restora-tion priority levels are requested, assigned,and approved in accordance with this appen-dix:

(1) Common carrier services which are:(a) Interstate or foreign telecommuni-

cations services,(b) Intrastate telecommunication services

inseparable from interstate or foreign tele-communications services, and instrastatetelecommunication services to which prior-ity levels are assigned pursuant to section 9of this appendix.

NOTE: Initially, the NSEP TSP System’sapplicability to public switched services islimited to (a) provisioning of such services(e.g., business, centrex, cellular, foreign ex-change, Wide Area Telephone Service(WATS) and other services that the selectedvendor is able to provision) and (b) restora-tion of services that the selected vendor isable to restore.

(2) Services which are provided by govern-ment and/or non-common carriers and areinterconnected to common carrier servicesassigned a priority level pursuant to section9 of this appendix.

b. Control services and orderwires. The NSEPTSP System and procedures established bythis appendix are not applicable to authorizepriority treatment to control services ororderwires owned by a service vendor andneeded for provisioning, restoration, ormaintenance of other services owned by thatservice vendor. Such control services andorderwires shall have priority provisioningand restoration over all other telecommuni-cation services (including NSEP services)and shall be exempt from preemption. How-ever, the NSEP TSP System and proceduresestablished by this appendix are applicable

to control services or orderwires leased by aservice vendor.

c. Other services. The NSEP TSP Systemmay apply, at the discretion of and upon spe-cial arrangements by the NSEP TSP Systemusers involved, to authorize priority treat-ment to the following telecommunicationservices:

(1) Government or non-common carrierservices which are not connected to commoncarrier provided services assigned a prioritylevel pursuant to section 9 of this appendix.

(2) Portions of U.S. international serviceswhich are provided by foreign correspond-ents. (U.S. telecommunication service ven-dors are encouraged to ensure that relevantoperating arrangements are consistent tothe maximum extent practicable with theNSEP TSP System. If such arrangements donot exist, U.S. telecommunication servicevendors should handle service provisioningand/or restoration in accordance with anysystem acceptable to their foreign cor-respondents which comes closest to meetingthe procedures established in this appendix.)

5. Policy

The NSEP TSP System is the regulatory,administrative, and operational system au-thorizing and providing for priority treat-ment, i.e., provisioning and restoration, ofNSEP telecommunication services. As such,it establishes the framework for tele-communication service vendors to provision,restore, or otherwise act on a priority basisto ensure effective NSEP telecommunicationservices. The NSEP TSP System allows theassignment of priority levels to any NSEPservice across three time periods, or stressconditions: Peacetime/Crisis/Mobilizations,Attack/War, and Post-Attack/Recovery. Al-though priority levels normally will be as-signed by the Executive Office of the Presi-dent and retained by service vendors only forthe current time period, they may be pre-assigned for the other two time periods atthe request of service users who are able toidentify and justify in advance, their war-time or post-attack NSEP telecommuni-cation requirements. Absent such pre-assigned priority levels for the Attack/Warand Post-Attack/Recovery periods, prioritylevel assignments for the Peacetime/Crisis/Mobilization period will remain in effect. Atall times, priority level assignments will besubject to revision by the FCC or (on an in-terim basis) the Executive Office of thePresident, based upon changing NSEP needs.No other system of telecommunication serv-ice priorities which conflicts with the NSEPTSP System is authorized.

6. Responsibilities

a. The FCC will:(1) Provide regulatory oversight of imple-

mentation of the NSEP TSP System.


216


(2) Enforce NSEP TSP System rules andregulations, which are contained in this ap-pendix.

(3) Act as final authority for approval, re-vision, or disapproval of priority actions bythe Executive Office of the President and ad-judicate disputes regarding either priorityactions or denials of requests for priority ac-tions by the Executive Office of the Presi-dent, until superseded by the President’s waremergency powers under section 706 of theCommunications Act.

(4) Function (on a discretionary basis) as asponsoring Federal organization. (See sec-tion 6(c) below.)

b. The Executive Office of the Presidentwill:

(1) During exercise of the President’s waremergency powers under section 706 of theCommunications Act, act as the final ap-proval authority for priority actions or deni-als of requests for priority actions, adju-dicating any disputes.

(2) Until the exercise of the President’s waremergency powers, administer the NSEPTSP System which includes:

(a) Receiving, processing, and evaluatingrequests for priority actions from serviceusers, or sponsoring Federal government or-ganizations on behalf of service users (e.g.,Department of State or Defense on behalf offoreign governments, Federal EmergencyManagement Agency on behalf of state andlocal governments, and any Federal organi-zation on behalf of private industry entities).Action on such requests will be completedwithin 30 days of receipt.

(b) Assigning, revising, revalidating, or re-voking priority levels as necessary or uponrequest of service users concerned, and deny-ing requests for priority actions as nec-essary, using the categories and criteriaspecified in section 12 of this appendix. Ac-tion on such requests will be completed with-in 30 days of receipt.

(c) Maintaining data on priority level as-signments.

(d) Periodically forwarding to the FCClists of priority actions by the Executive Of-fice of the President for review and approval.

(e) Periodically initiating reconciliation.(f) Testing and evaluating the NSEP TSP

System for effectiveness.(g) Conducting audits as necessary. Any

Telecommunications Service Priority (TSP)System user may request the Executive Of-fice of the President to conduct an audit.

(h) Issuing, subject to review by the FCC,regulations and procedures supplemental toand consistent with this appendix regardingoperation and use of the NSEP TSP System.

(i) Serving as a centralized point-of-con-tact for collecting and disseminating to allinterested parties (consistent with require-ments for treatment of classified and propri-etary material) information concerning useand abuse of the NSEP TSP System.

(j) Establishing and assisting a TSP Sys-tem Oversight Committee to identify and re-view any problems developing in the systemand recommend actions to correct them orprevent recurrence. In addition to represent-atives of the Executive Office of the Presi-dent, representatives from private industry(including telecommunication service ven-dors), state and local governments, the FCC,and other organizations may be appointed tothat Committee.

(k) Reporting at least quarterly to the FCCand TSP System Oversight Committee, to-gether with any recommendations for action,the operational status of and trends in theNSEP TSP System, including:

(i) Numbers of requests processed for thevarious priority actions, and the prioritylevels assigned.

(ii) Relative percentages of services as-signed to each priority level under eachNSEP category and subcategory.

(iii) Any apparent serious misassignmentor abuse of priority level assignments.

(iv) Any existing or developing problem.(l) Submitting semi-annually to the FCC

and TSP System Oversight Committee asummary report identifying the time andevent associated with each invocation ofNSEP treatment under section 9(c) of thisappendix, whether the NSEP service require-ment was adequately handled, and whetherany additional charges were incurred. Thesereports will be due by April 30th for the pre-ceding July through December and by Octo-ber 31 for the preceding January throughJune time periods.

(m) All reports submitted to the FCCshould be directed to Chief, Domestic Serv-ices Branch, Common Carrier Bureau, Wash-ington, DC 20554.

(3) Function (on a discretionary basis) as asponsoring Federal organization. (See sec-tion 6(c) below.)

c. Sponsoring Federal organizations will:(1) Review and decide whether to sponsor

foreign, state, and local government and pri-vate industry (including telecommunicationservice vendors) requests for priority ac-tions. Federal organizations will forwardsponsored requests with recommendationsfor disposition to the Executive Office of thePresident. Recommendations will be basedon the categories and criteria in section 12 ofthis appendix.

(2) Forward notification of priority actionsor denials of requests for priority actionsfrom the Executive Office of the President tothe requesting foreign, state, and local gov-ernment and private industry entities.

(3) Cooperate with the Executive Office ofthe President during reconciliation, re-validation, and audits.

(4) Comply with any regulations and proce-dures supplemental to and consistent withthis appendix which are issued by the Execu-tive Office of the President.


217


d. Service users will:(1) Identify services requiring priority

level assignments and request and justifypriority level assignments in accordancewith this appendix and any supplementalregulations and procedures issued by the Ex-ecutive Office of the President that are con-sistent with this appendix.

(2) Request and justify revalidation of allpriority level assignments at least everythree years.

(3) For services assigned priority levels,ensure (through contractual means or other-wise) availability of customer premisesequipment and wiring necessary for end-to-end service operation by the service duedate, and continued operation; and, for suchservices in the Emergency NSEP category,by the time that vendors are prepared to pro-vide the services. Additionally, designate theorganization responsible for the service onan end-to-end basis.

(4) Be prepared to accept services assignedpriority levels by the service due dates or,for services in the Emergency NSEP cat-egory, when they are available.

(5) Pay vendors any authorized costs asso-ciated with services that are assigned prior-ity levels.

(6) Report to vendors any failed or unus-able services that are assigned priority lev-els.

(7) Designate a 24-hour point-of-contact formatters concerning each request for priorityaction and apprise the Executive Office ofthe President thereof.

(8) Upon termination of services that areassigned priority levels, or circumstanceswarranting revisions in priority level assign-ment (e.g., expansion of service), request andjustify revocation or revision.

(9) When NSEP treatment is invoked undersection 9(c) of this appendix, within 90 daysfollowing provisioning of the service in-volved, forward to the National CoordinatingCenter (see section 3(e) of this appendix)complete information identifying the timeand event associated with the invocation andregarding whether the NSEP service require-ment was adequately handled and whetherany additional charges were incurred.

(10) Cooperate with the Executive Office ofthe President during reconciliation, re-validation, and audits.

(11) Comply with any regulations and pro-cedures supplemental to and consistent withthis appendix that are issued by the Execu-tive Office of the President.

e. Non-federal service users, in addition toresponsibilities prescribed above in section6(d), will obtain a sponsoring Federal organi-zation for all requests for priority actions. Ifunable to find a sponsoring Federal organiza-tion, a non-federal service user may submitits request, which must include documenta-tion of attempts made to obtain a sponsorand reasons given by the sponsor for its re-

fusal, directly to the Executive Office of thePresident.

f. Service vendors will:(1) When NSEP treatment is invoked by

service users, provision NSEP telecommuni-cation services before non-NSEP services,based on priority level assignments made bythe Executive Office of the President. Provi-sioning will require service vendors to:

(a) Allocate resources to ensure best ef-forts to provide NSEP services by the timerequired. When limited resources constrainresponse capability, vendors will addressconflicts for resources by:

(i) Providing NSEP services in order of pro-visioning priority level assignment (i.e.,‘‘E’’, ‘‘1’’, ‘‘2’’, ‘‘3’’, ‘‘4’’, or ‘‘5’’);

(ii) Providing Emergency NSEP services(i.e., those assigned provisioning prioritylevel ‘‘E’’) in order of receipt of the servicerequests;

(iii) Providing Essential NSEP services(i.e., those assigned priority levels ‘‘1’’, ‘‘2’’,‘‘3’’, ‘‘4’’, or ‘‘5’’) that have the same provi-sioning priority level in order of service duedates; and

(iv) Referring any conflicts which cannotbe resolved (to the mutual satisfaction ofservicer vendors and users) to the ExecutiveOffice of the President for resolution.

(b) Comply with NSEP service requests by:(i) Allocating resources necessary to pro-

vide Emergency NSEP services as soon aspossible, dispatching outside normal busi-ness hours when necessary;

(ii) Ensuring best efforts to meet requestedservice dates for Essential NSEP services,negotiating a mutually (customer and ven-dor) acceptable service due date when the re-quested service due date cannot be met; and

(iii) Seeking National Coordinating Center(NCC) assistance as authorized under theNCC Charter (see section 1.3, NCC Charter,dated October 9, 1985).

(2) Restore NSEP telecommunicationsservices which suffer outage, or are reportedas unusable or otherwise in need of restora-tion, before non-NSEP services, based on res-toration priority level assignments. (NOTE:For broadband or multiple service facilities,restoration is permitted even though itmight result in restoration of services as-signed no or lower priority levels along with,or sometimes ahead of, some higher prioritylevel services.) Restoration will require serv-ice vendors to restore NSEP services in orderof restoration priority level assignment (i.e.,‘‘1’’, ‘‘2’’, ‘‘3’’, ‘‘4’’, or ‘‘5’’) by:

(a) Allocating available resources to re-store NSEP services as quickly as prac-ticable, dispatching outside normal businesshours to restore services assigned prioritylevels ‘‘1’’, ‘‘2’’, and ‘‘3’’ when necessary, andservices assigned priority level ‘‘4’’ and ‘‘5’’when the next business day is more than 24hours away;


218


(b) Restoring NSEP services assigned thesame restoration priority level based uponwhich can be first restored. (However, res-toration actions in progress should not nor-mally be interrupted to restore anotherNSEP service assigned the same restorationpriority level);

(c) Patching and/or rerouting NSEP serv-ices assigned restoration priority levels from‘‘1’’ through ‘‘5,’’ when use of patching and/orrerouting will hasten restoration;

(d) Seeking National Coordinating Center(NCC) assistance authorized under the NCCCharter; and

(e) Referring any conflicts which cannot beresolved (to the mutual satisfaction of serv-ice vendors and users) to the Executive Of-fice of the President for resolution.

(3) Respond to provisioning requests of cus-tomers and/or other service vendors, and torestoration priority level assignments whenan NSEP service suffers an outage or is re-ported as unusable, by:

(a) Ensuring that vendor personnel under-stand their responsibilities to handle NSEPprovisioning requests and to restore NSEPservice; and

(b) Providing a 24-hour point-of-contact forreceiving provisioning requests for Emer-gency NSEP services and reports of NSEPservice outages or unusability.

(c) Seek verification from an authorizedentity if legitimacy of a priority level as-signment or provisioning request for anNSEP service is in doubt. However, process-ing of Emergency NSEP service requests willnot be delayed for verification purposes.

(4) Cooperate with other service vendorsinvolved in provisioning or restoring a por-tion of an NSEP service by honoring provi-sioning or restoration priority level assign-ments, or requests for assistance to provi-sion or restore NSEP services, as detailed insections 6(f)(1), (2), and (3) above.

(5) All service vendors, including resalecarriers, are required to ensure that servicevendors supplying underlying facilities areprovided information necessary to imple-ment priority treatment of facilities thatsupport NSEP services.

(6) Preempt, when necessary, existing serv-ices to provide an NSEP service as author-ized in section 7 of this appendix.

(7) Assist in ensuring that priority level as-signments of NSEP services are accuratelyidentified ‘‘end-to-end’’ by:

(a) Seeking verification from an authorizedFederal government entity if the legitimacyof the restoration priority level assignmentis in doubt;

(b) Providing to subcontractors and/orinterconnecting carriers the restoration pri-ority level assigned to a service;

(c) Supplying, to the Executive Office ofthe President, when acting as a prime con-tractor to a service user, confirmation infor-mation regarding NSEP service completion

for that portion of the service they have con-tracted to supply;

(d) Supplying, to the Executive Office ofthe President, NSEP service information forthe purpose of reconciliation.

(e) Cooperating with the Executive Officeof the President during reconciliation.

(f) Periodically initiating reconciliationwith their subcontractors and arranging forsubsequent subcontractors to cooperate inthe reconciliation process.

(8) Receive compensation for costs author-ized through tariffs or contracts by:

(a) Provisions contained in properly filedstate or Federal tariffs; or

(b) Provisions of properly negotiated con-tracts where the carrier is not required tofile tariffs.

(9) Provision or restore only the portionsof services for which they have agreed to beresponsible (i.e., have contracted to supply),unless the President’s war emergency powersunder section 706 of the Communications Actare in effect.

(10) Cooperate withe the Executive Officeof the President during audits.

(11) Comply with any regulations or proce-dures supplemental to and consistent withthis appendix that are issued by the Execu-tive Office of the President and reviewed bythe FCC.

(12) Insure that at all times a reasonablenumber of public switched network servicesare made available for public use.

(13) Not disclose information concerningNSEP services they provide to those not hav-ing a need-to-know or might use the infor-mation for competitive advantage.

7. Preemption of Existing Services

When necessary to provision or restoreNSEP services, service vendors may preemptservices they provide as specified below.‘‘User’’ as used in this Section means anyuser of a telecommunications service, in-cluding both NSEP and non-NSEP services.Prior consent by a preempted user is not re-quired.

a. The sequence in which existing servicesmay be preempted to provision NSEP serv-ices assigned a provisioning priority level‘‘E’’ or restore NSEP services assigned a res-toration priority level from ‘‘1’’ through ‘‘5’’:

(1) Non-NSEP services: If suitable spareservices are not available, then, based on theconsiderations in this appendix and the serv-ice vendor’s best judgment, non-NSEP serv-ices will be preempted. After ensuring a suf-ficient number of public switched servicesare available for public use, based on theservice vendor’s best judgment, such servicesmay be used to satisfy a requirement for pro-visioning or restoring NSEP services.

(2) NSEP services: If no suitable spare ornon-NSEP services are available, then exist-ing NSEP services may be preempted to pro-vision or restore NSEP services with higher


219


priority level assignments. When this is nec-essary, NSEP services will be selected forpreemption in the inverse order of prioritylevel assignment.

(3) Service vendors who are preemptingservices will ensure their best effort to no-tify the service user of the preempted serviceand state the reason for and estimated dura-tion of the preemption.

b. Service vendors may, based on their bestjudgment, determine the sequence in whichexisting services may be preempted to provi-sion NSEP services assigned a provisioningpriority of ‘‘1’’ through ‘‘5’’. Preemption isnot subject to the consent of the user whoseservice will be preempted.

8. Requests for Priority Assignments.All service users are required to submit re-

quests for priority actions through the Exec-utive Office of the President in the formatand following the procedures prescribed bythat Office.

9. Assignment, Approval, Use, and Invocation ofPriority Levels

a. Assignment and approval of priority levels.Priority level assignments will be basedupon the categories and criteria specified insection 12 of this appendix. A priority levelassignment made by the Executive Office ofthe President will serve as that Office’s rec-ommendation to the FCC. Until the Presi-dent’s war emergency powers are invoked,priority level assignments must be approvedby the FCC. However, service vendors are or-dered to implement any priority level as-signments that are pending FCC approval.

After invocation of the President’s waremergency powers, these requirements maybe superseded by other procedures issued bythe Executive Office of the President.

b. Use of Priority Level Assignments.(1) All provisioning and restoration prior-

ity level assignments for services in theEmergency NSEP category will be includedin initial service orders to vendors. Provi-sioning priority level assignments for Essen-tial NSEP services, however, will not usuallybe included in initial service orders to ven-dors. NSEP treatment for Essential NSEPservices will be invoked and provisioning pri-ority level assignments will be conveyed toservice vendors only if the vendors cannotmeet needed service dates through the nor-mal provisioning process.

(2) Any revision or revocation of eitherprovisioning or restoration priority level as-signments will also be transmitted to ven-dors.

(3) Service vendors shall accept prioritylevels and/or revisions only after assignmentby the Executive Office of the President.

NOTE: Service vendors acting as prime con-tractors will accept assigned NSEP prioritylevels only when they are accompanied bythe Executive Office of the President des-

ignated service identification, i.e., TSP Au-thorization Code. However, service vendorsare authorized to accept priority levels and/or revisions from users and contracting ac-tivities before assignment by the ExecutiveOffice of the President when service vendor,user, and contracting activities are unable tocommunicate with either the Executive Of-fice of the President or the FCC. Processingof Emergency NSEP service requests will notbe delayed for verification purposes.

c. Invocation of NSEP treatment. To invokeNSEP treatment for the priority provision-ing of an NSEP telecommunications service,an authorized Federal official either within,or acting on behalf of, the service user’s or-ganization must make a written or oral dec-laration to concerned service vendor(s) andthe Executive Office of the President thatNSEP treatment is being invoked. Author-ized Federal officials include the head or di-rector of a Federal agency, commander of aunified/specified military command, chief ofa military service, or commander of a majormilitary command; the delegates of any ofthe foregoing; or any other officials as speci-fied in supplemental regulations or proce-dures issued by the Executive Office of thePresident. The authority to invoke NSEPtreatment may be delegated only to a gen-eral or flag officer of a military service, ci-vilian employee of equivalent grade (e.g.,Senior Executive Service member), FederalCoordinating Officer or Federal EmergencyCommunications Coordinator/Manager, orany other such officials specified in supple-mental regulations or procedures issued bythe Executive Office of the President. Dele-gates must be designated as such in writing,and written or oral invocations must be ac-complished, in accordance with supple-mental regulations or procedures issued bythe Executive Office of the President.

10. Resubmission of Circuits Presently AssignedRestoration Priorities

All circuits assigned restoration prioritiesmust be reviewed for eligibility for initialrestoration priority level assignment underthe provisions of this appendix. Circuits cur-rently assigned restoration priorities, andfor which restoration priority level assign-ments are requested under section 8 of thisappendix, will be resubmitted to the Execu-tive Office of the President. To resubmitsuch circuits, service users will comply withapplicable provisions of section 6(d) of thisappendix.

11. Appeal

Service users or sponsoring Federal organi-zations may appeal any priority level assign-ment, denial, revision, revocation, approval,or disapproval to the Executive Office of thePresident within 30 days of notification tothe service user. The appellant must use the


220


form or format required by the Executive Of-fice of the President and must serve the FCCwith a copy of its appeal. The Executive Of-fice of the President will act on the appealwithin 90 days of receipt. Service users andsponsoring Federal organizations may onlythen appeal directly to the FCC. Such FCCappeal must be filed within 30 days of notifi-cation of the Executive Office of the Presi-dent’s decision on appeal. Additionally, theExecutive Office of the President may appealany FCC revisions, approvals, or dis-approvals to the FCC. All appeals to the FCCmust be submitted using the form or formatrequired. The party filing its appeal with theFCC must include factual details supportingits claim and must serve a copy on the Exec-utive Office of the President and any otherparty directly involved. Such party may filea response within 20 days, and replies may befiled within 10 days thereafter. The Commis-sion will not issue public notices of such sub-missions. The Commission will provide no-tice of its decision to the parties of record.Any appeals to the Executive Office of thePresident that include a claim of new infor-mation that has not been presented beforefor consideration may be submitted at anytime.

12. NSEP TSP System Categories, Criteria, andPriority Levels

a. General. NSEP TSP System categoriesand criteria, and permissible priority levelassignments, are defined and explainedbelow.

(1) The Essential NSEP category has foursubcategories: National Security Leadership;National Security Posture and U.S. Popu-lation Attack Warning; Public Health, Safe-ty, and Maintenance of Law and Order; andPublic Welfare and Maintenance of NationalEconomic Posture. Each subcategory has itsown criteria. Criteria are also shown for theEmergency NSEP category, which has nosub-categories.

(2) Priority levels of ‘‘1,’’ ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ and‘‘5’’ may be assigned for provisioning and/orrestoration of Essential NSEP telecommuni-cation services. However, for EmergencyNSEP telecommunications services, a prior-ity level ‘‘E’’ is assigned for provisioning. Arestoration priority level from ‘‘1’’ through‘‘5’’ may be assigned if an Emergency NSEPservice also qualifies for such a restorationpriority level under the Essential NSEP cat-egory.

(3) The NSEP TSP System allows the as-signment of priority levels to any NSEPtelecommunications service across threetime periods, or stress conditions: Peace-time/Crisis/Mobilization, Attack/War, andPost-Attack/Recovery. Priority levels willnormally be assigned only for the first timeperiod. These assigned priority levels willapply through the onset of any attack, but itis expected that they would later be revised

by surviving authorized telecommunicationresource managers within the Executive Of-fice of the President based upon specificfacts and circumstances arising during theAttack/War and Post-Attack/Recovery timeperiods.

(4) Service users may, for their own inter-nal use, assign subpriorities to their servicesassigned priority levels. Receipt of and re-sponse to any such subpriorities is optionalfor service vendors.

(5) The following paragraphs provide a de-tailed explanation of the categories, subcat-egories, criteria, and priority level assign-ments, beginning with the Emergency NSEPcategory.

b. Emergency NSEP. Telecommunicationsservices in the Emergency NSEP categoryare those new services so critical as to be re-quired to be provisioned at the earliest pos-sible time, without regard to the costs of ob-taining them.

(1) Criteria. To qualify under the Emer-gency NSEP category, the service must meetcriteria directly supporting or resulting fromat least one of the following NSEP functions:

(a) Federal government activity respond-ing to a Presidentially declared disaster oremergency as defined in the Disaster ReliefAct (42 U.S.C. 5122).

(b) State or local government activity re-sponding to a Presidentially declared disas-ter or emergency.

(c) Response to a state of crisis declared bythe National Command Authorities (e.g., ex-ercise of Presidential war emergency powersunder section 706 of the CommunicationsAct.)

(d) Efforts to protect endangered U.S. per-sonnel or property.

(e) Response to an enemy or terrorist ac-tion, civil disturbance, natural disaster, orany other unpredictable occurrence that hasdamaged facilities whose uninterrupted oper-ation is critical to NSEP or the managementof other ongoing crises.

(f) Certification by the head or director ofa Federal agency, commander of a unified/specified command, chief of a military serv-ice, or commander of a major military com-mand, that the telecommunications serviceis so critical to protection of life and prop-erty or to NSEP that it must be provided im-mediately.

(g) A request from an official authorizedpursuant to the Foreign Intelligence Surveil-lance Act (50 U.S.C. 1801 et seq. and 18 U.S.C.2511, 2518, 2519).

(2) Priority Level Assignment.(a) Services qualifying under the Emer-

gency NSEP category are assigned prioritylevel ‘‘E’’ for provisioning.

(b) After 30 days, assignments of provision-ing priority level ‘‘E’’ for Emergency NSEPservices are automatically revoked unlessextended for another 30-day period. A notice


221


of any such revocation will be sent to servicevendors.

(c) For restoration, Emergency NSEP serv-ices may be assigned priority levels underthe provisions applicable to Essential NSEPservices (see section 12(c)). Emergency NSEPservices not otherwise qualifying for restora-tion priority level assignment as EssentialNSEP may be assigned a restoration prioritylevel ‘‘5’’ for a 30-day period. Such 30-day res-toration priority level assignments will berevoked automatically unless extended foranother 30-day period. A notice of any suchrevocation will be sent to service vendors.

c. Essential NSEP. Telecommunicationservices in the Essential NSEP category arethose required to be provisioned by due datesspecified by service users, or restoredpromptly, normally without regard to asso-ciated overtime or expediting costs. Theymay be assigned priority level of ‘‘1,’’ ‘‘2,’’‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for both provisioning andrestoration, depending upon the nature andurgency of the supported function, the im-pact of lack of service or of service interrup-tion upon the supported function, and, forpriority access to public switched services,the user’s level of responsibility. Prioritylevel assignments will be valid for no morethan three years unless revalidated. To becategorized as Essential NSEP, a tele-communications service must qualify underone of the four following subcategories: Na-tional Security Leadership; National Secu-rity Posture and U.S. Population AttackWarning; Public Health, Safety and Mainte-nance of Law and Order; or Public Welfareand Maintenance of National Economic Pos-ture. (NOTE.—Under emergency cir-cumstances, Essential NSEP telecommuni-cation services may be recategorized asEmergency NSEP and assigned a prioritylevel ‘‘E’’ for provisioning.)

(1) National security leadership. This sub-category will be strictly limited to onlythose telecommunication services essentialto national survival if nuclear attack threat-ens or occurs, and critical orderwire and con-trol services necessary to ensure the rapidand efficient provisioning or restoration ofother NSEP telecommunication services.Services in this subcategory are those forwhich a service interruption of even a fewminutes would have serious adverse impactupon the supported NSEP function.

(a) Criteria. To qualify under this sub-category, a service must be at least one ofthe following:

(i) Critical orderwire, or control service,supporting other NSEP functions.

(ii) Presidential communications servicecritical to continuity of government and na-tional leadership during crisis situations.

(iii) National Command Authority commu-nications service for military command andcontrol critical to national survival.

(iv) Intelligence communications servicecritical to warning of potentially cata-strophic attack.

(v) Communications service supporting theconduct of diplomatic negotiations criticalto arresting or limiting hostilities.

(b) Priority level assignment. Services underthis subcategory will normally be assignedpriority level ‘‘1’’ for provisioning and res-toration during the Peace/Crisis/Mobilizationtime period.

(2) National security posture and U.S. popu-lation attack warning. This subcategory cov-ers those minimum additional telecommuni-cation services essential to maintaining anoptimum defense, diplomatic, or continuity-of-government postures before, during, andafter crises situations. Such situations arethose ranging from national emergencies tointernational crises, including nuclear at-tack. Services in this subcategory are thosefor which a service interruption rangingfrom a few minutes to one day would haveserious adverse impact upon the supportedNSEP function.

(a) Criteria. To qualify under this sub-category, a service must support at least oneof the following NSEP functions:

(i) Threat assessment and attack warning.(ii) Conduct of diplomacy.(iii) Collection, processing, and dissemina-

tion of intelligence.(iv) Command and control of military

forces.(v) Military mobilization.(vi) Continuity of Federal government be-

fore, during, and after crises situations.(vii) Continuity of state and local govern-

ment functions supporting the Federal gov-ernment during and after national emer-gencies.

(viii) Recovery of critical national func-tions after crises situations.

(ix) National space operations.(b) Priority level assignment. Services under

this subcategory will normally be assignedpriority level ‘‘2,’’ ‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for provi-sioning and restoration during Peacetime/Crisis/Mobilization.

(3) Public health, safety, and maintenance oflaw and order. This subcategory covers theminimum number of telecommunicationservices necessary for giving civil alert tothe U.S. population and maintaining law andorder and the health and safety of the U.S.population in times of any national, re-gional, or serious local emergency. Theseservices are those for which a service inter-ruption ranging from a few minutes to oneday would have serious adverse impact uponthe supported NSEP functions.


(i) Population warning (other than attackwarning).

(ii) Law enforcement.


222

47 CFR Ch. I (10–1–97 Edition)Pt. 65

(iii) Continuity of critical state and localgovernment functions (other than support ofthe Federal government during and after na-tional emergencies).

(vi) Hospitals and distributions of medicalsupplies.

(v) Critical logistic functions and publicutility services.

(vi) Civil air traffic control.(vii) Military assistance to civil authori-

ties.(viii) Defense and protection of critical in-

dustrial facilities.(ix) Critical weather services.(x) Transportation to accomplish the fore-

going NSEP functions.(b) Priority level assignment. Service under

this subcategory will normally be assignedpriority levels ‘‘3,’’ ‘‘4,’’ or ‘‘5’’ for provision-ing and restoration during Peacetime/Crisis/Mobilization.

(4) Public welfare and maintenance of na-tional economic posture. This subcategory cov-ers the minimum number of telecommuni-cations services necessary for maintainingthe public welfare and national economicposture during any national or regionalemergency. These services are those forwhich a service interruption ranging from afew minutes to one day would have seriousadverse impact upon the supported NSEPfunction.


(i) Distribution of food and other essentialsupplies.

(ii) Maintenance of national monetary,credit, and financial systems.

(iii) Maintenance of price, wage, rent, andsalary stabilization, and consumer rationingprograms.

(iv) Control of production and distributionof strategic materials and energy supplies.

(v) Prevention and control of environ-mental hazards or damage.

(vi) Transportation to accomplish the fore-going NSEP functions.

(b) Priority level assignment. Services underthis subcategory will normally be assignedpriority levels ‘‘4’’ or ‘‘5’’ for provisioningand restoration during Peacetime/Crisis/Mo-bilization.

d. Limitations. Priority levels will be as-signed only to the minimum number of tele-communication services required to supportan NSEP function. Priority levels will notnormally be assigned to backup services on acontinuing basis, absent additional justifica-tion, e.g., a service user specifies a require-ment for physically diverse routing or con-tracts for additional continuity-of-servicefeatures. The Executive Office of the Presi-dent may also establish limitations upon therelative numbers of services which may beassigned any restoration priority level.These limitations will not take precedence

over laws or executive orders. Such limita-tions shall not be exceeded absent waiver bythe Executive Office of the President.

e. Non-NSEP services. Telecommunicationservices in the non-NSEP category will bethose which do not meet the criteria for ei-ther Emergency NSEP or Essential NSEP.

[53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4,1989; 54 FR 1471, Jan. 13, 1989]

PART 65—INTERSTATE RATE OF RE-TURN PRESCRIPTION PROCE-DURES AND METHODOLOGIES

Subpart A—General

Sec.65.1 Application of part 65.

Subpart B—Procedures

65.100 Participation and acceptance of serv-ice designation.

65.101 Initiation of unitary rate of returnprescription proceedings.

65.102 Petitions for exclusion from unitarytreatment and for individual treatmentin determining authorized return forinterstate exchange access service.

65.103 Procedures for filing rate of returnsubmissions.

65.104 Page limitations for rate of returnsubmissions.

65.105 Discovery.

Subpart C—Exchange Carriers

65.300 Calculations of the components andweights of the cost of capital.

65.301 Cost of equity.65.302 Cost of debt.65.303 Cost of preferred stock.65.304 Capital structure.65.305 Calculation of the weighted average

cost of capital.65.306 Calculation accuracy.65.450 Net income.

Subpart D—Interexchange Carriers

65.500 Net income.

Subpart E—Rate of Return Reports

65.600 Rate of return reports.

Subpart F—Maximum Allowable Rates ofReturn

65.700 Determining the maximum allowablerate of return.

65.701 Period of review.65.702 Measurement of interstate service

earnings.


§63.702 47 cfr ch. i (10–1–97 edition)tscm.com/47cfr64.pdf · 174 §63.702 47 cfr ch. i...

Documents