FCC Record, Volume 2, No. 4, Pages 946 to 1358, February 17 - February 27, 1987 Page: 1,016
ii, 947-1358, iv p. ; 28 cm.View a full description of this book.
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Federal Communications Commission Record
would allow them to set and maintain excessive rates.
Marketplace forces are expected to discipline prices. justifying
a presumption that rates as filed are reasonable.
Non-dominant carrier rates are thus considered prima
facie lawful, see 47 C.F.R. 1.773(a)(l)(ii). and are not
required to provide the cost support material necessary to
evaluate proposed rate increases absent a specific Commission
request. 47 C.F.R. 61.38(a). For carriers with
market power. such as local exchange telephone companies,
no such presumption is justified in the absence of
adequate cost support material. Because both large and
small exchange telephone companies have the ability and
incentive to file excessive access rates, the specific forms
of relaxed regulation for non-dominant carriers that lack
this ability are not suitable.2e
2. Consideration of the Impact of Proposed Rules Upon
Small Telephone Companies in Pending and Future Proceedings
52. USTA also requests that this Commission examine
the the impact of all proposed rules on small telephone
companies. It is. of course. this Commission's intent to
consider the burdens and benefits of its proposed rules as
they affect all interested parties, and to consider reducing
regulatory burdens where possible. consistent with the
public interest and the Communications Act. The rules
proposed in this Notice demonstrate this commitment on
behalf of small telephone companies.
V. COMMENTS; PROCEDURAL RULES
53. This notice of proposed rulemaking is being issued
to determine whether it would be in the public interest to
reduce the administrative and regulatory burdens on
small telephone companies. We expect to develop in this
notice and comment rulemaking all the relevant, material
and probative data and information needed to make the
public interest determination.
54. For purposes of this non-restricted informal
rulemaking proceeding. members of the public are advised
that ex parte contacts are permitted from the time of
issuance of a notice of proposed rulemaking until the
time a draft Order proposing a substantive disposition of
the proceeding is placed on this Commission's Open
Meeting Agenda. In general, an ex parne presentation is
any written or oral communication (other than formal
written comments or pleadings and oral arguments) between
a person outside this Commission and a Commissioner
or a member of this Commission's staff which
addresses the merits of the proceeding. Any person who
submits a written ex parne presentation must serve a copy
of that presentation on this Commission's Secretary for
inclusion in the public file. Any person who makes an
oral ex pane presentation addressing matters not fully
covered in any written comments previously filed in the
proceeding must prepare a written summary of that presentation.
On the day of the oral presentation. that written
summary must be served on this Commission's
Secretary for inclusion in the public file. with a copy to
the Commission official receiving the oral presentation.
Each ex parte presentation discussed above must state on
its face that the Secretary has been served, and must also
state by docket number the proceeding to which it relates.
See generally Section 1.1231 of the Commission's Rules,
47 C.F.R. 1.1231.55. Pursuant to applicable procedures set forth in Sections
1.415 and 1.419 of the Commission's Rules. 47
C.F.R. 1.415 and 1.419. interested parties may file
comments in this proceeding on or before January 26,
1987 and reply comments on or before February 25,
1987. All relevant and timely comments will be considered
by this Commission before final action is taken in
this proceeding. In reaching its decision, the Commission
may take into consideration information and ideas not
contained in the comments, provided that such information
or a writing indicating the nature and source of such
information is placed in the public file. and provided that
the fact of the Commission's reliance on such information
is noted in the Report and Order.
56. To file formally in this proceeding. participants
must file an original and five copies of all comments,
reply comments and supporting comments. If participants
want each Commissioner to receive a personal copy of
their comments an original and 11 copies must be filed.
Comments and reply comments should be sent to the
Office of the Secretary, Federal Communications Commission.
Washington. D.C. 20554. Comments and reply
comments will be available for public inspection during
regular business hours in the Commission's Public Reference
Room (Room 239) at its headquarters at 1919 M St..
N.W.. Washington. D.C.
57. The proposal contained herein has been analyzed
with respect to the Paperwork Reduction Act of 1980 and
found to impose a new or modified information collection
requirement on the public. Implementation of any
new or modified requirement will be subject to approval
by the Office of Management and Budget as prescribed by
the Act.
58. We have determined that Section 605(b) of the
Regulatory Flexibility Act of 1980. 5 U.S.C. 605(b) does
not apply to this rulemaking proceeding because if promulgated.
it would not have a significant economic impact
on a substantial number of small entities. The
definition of a "small entity" in Section 3 of the Small
Business Act excludes any business that is dominant in its
field of operation. Although some of the local exchange
carriers that will be affected are very small, local exchange
companies do not qualify as small entities because
they have a nationwide monopoly on ubiquitious access
to the subscribers in their service area. The Commission
has found all exchange carriers to be dominant in the
Competitive Carrier proceeding. 85 FCC 2d 1, 23-24
(1980). To the extent that small telephone companies will
be affected by these rules. we hereby certify that these
rules will not have a significant economic effect on a
substantial number of "small entities." Although we do
not find that the Regulatory Flexibility Act is applicable
to this proceeding. this Commission has an ongoing concern
with the effect of its rules and regulations on small
business and the customers of the regulated carriers as is
evidenced by this proceeding.
VI. ORDERING CLAUSE
59. Accordingly, IT IS ORDERED, That a rulemaking
proceeding IS INSTITUTED to determine whether it
would be in the public interest to reduce the administrative
and regulatory burdens on small telephone companies
and amend this Commission's Rules as indicated
herein.1016
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 4, Pages 946 to 1358, February 17 - February 27, 1987, book, February 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1607/m1/74/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.