FCC Web Documents citing 51.605

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-879A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-879A1.txt
  • DSL SERVICES AND SECTION 251(c)(4) OF THE ACT WC DOCKET NO. 02-77 Comments Due: May 15, 2002 Reply Comments Due: May 30, 2002 On April 3, 2002, Qwest Corporation (Qwest) filed a petition for declaratory ruling pursuant to section 1.2 of the Commission's rules, 47 C.F.R.§ 1.2. The Qwest petition requests the Commission to issue a declaratory ruling that section 51.605(c) of the Commission's rules, 47 C.F.R. § 51.605(c), applies to an incumbent local exchange carrier (LEC) that serves as a billing, collection, and marketing agent for an unaffiliated Internet service provider (ISP). Section 51.605(c) provides that advanced telecommunications services (such as digital subscriber line (DSL) services) sold to ISPs as an input component to the ISPs' retail Internet service offering
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
  • These rules are designed to foster competition and ensure that new entrants have access to the resale services and ensure that they are offered on a reasonable and nondiscriminatory basis as required by section 251(b)(1) and 251(c)(4). Legal Basis: 47 U.S.C. 251, 252. Section Number and Title: 51.601 Scope of Resale Rules. 51.603 Resale obligation of all local exchange carriers. 51.605 Additional obligations of incumbent local exchange carriers. 51.607 Wholesale pricing standard. 51.609 Determination of avoided retail costs. 51.611 Interim wholesale rates. 51.613 Restrictions on resale. 51.615 Withdrawal of services. 51.617 Assessment of end user common line charge on resellers. SUBPART I -- PROCEDURES FOR IMPLEMENTATION OF SECTION 252 OF THE ACT Brief Description: This subpart establishes regulations to carry out
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • ensure that competitors are able to collocate incumbent LEC premises in a timely manner, in accordance with section 251(c)(6) of the Communications Act. Legal Basis: 47 U.S.C. 251 (c)(6). Section Number and Title: 51.323(l) Standards for physical collocation and virtual collocation. SUBPART G-RESALE Brief Description: These subsections generally implement section 251(b)(5) of the Communications Act of 1934, as amended. Sections 51.605(c)-(e) help define which incumbent LEC services are subject to the resale obligations in section 251(b)(5) and other Commission rules. These rules exempt from the scope of that resale obligation exchange-access services (except to the extent that they are advanced telecommunications services that are sold on a retail basis to residential and business end-users that are not telecommunications carriers) and advanced
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-208A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-208A1.txt
  • Transferor, and Bell Atlantic Corp., Transferee, For Consent to Transfer Control, 15 FCC Rcd 14032, App. D, para. 1 (2000). We are not persuaded by ATG's argument that Verizon should make its bundled offerings that include deregulated CPE and internet access available for resale. The resale obligation clearly extends only to telecommunications services offered at retail. See 47 C.F.R. § 51.605 (requiring an incumbent LEC to offer, on a wholesale basis, any telecommunications service that it offers to retail customers). ASCENT Supplementary Comments at 11. See Reply Comments of Verizon New York at 5 n.2 (referencing Connecticut Department Comments at 13: ``Of course, Verizon will, as the DPUC [Connecticut Department] `fully expects,' `uphold its commitment' to ensure that any changes in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-338A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-338A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-338A1.txt
  • Internet service offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers.'' The D.C. Circuit upheld the Bulk Services Order in ASCENT II, holding that the Commission reasonably construed the statutory phrase ``at retail.'' Under the Bulk Services Order and section 51.605(c) of our rules, it seems clear that SBC's tariffed DSL transport service for ISPs is a wholesale telecommunications service. This service accordingly is not subject to the resale obligation in section 251(c)(4), because that provision applies only to retail telecommunications services. As noted above, under SBC's tariff, the ISPs themselves provide all customer-care functions as part of their own retail
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-147A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-147A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-147A1.txt
  • considered services provided ``at retail'' and concluded that ``advanced telecommunications services sold to Internet Service Providers as an input component to the Internet Service Providers' retail Internet service offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers.'' 47 C.F.R. § 51.605(c). See Verizon Pennsylvania Order, 16 FCC Rcd at 17471, para. 94; Verizon Connecticut Order, 16 FCC Rcd at 14164-65, para. 39. See ASCENT GALA I Comments at 14; AT&T GALA I Comments at 69-70. BellSouth GALA I Application at 147-49. See SWBT Missouri/Arkansas Order, 16 FCC Rcd at 20759, para. 82. AOL Bulk Services Order, 14 FCC Rcd at 19243,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • Scope. 51.503 General pricing standard. 51.505 Forward-looking economic cost. 51.507 General rate structure standard. 51.509 Rate structure standards for specific elements. 51.511 Forward-looking economic cost per unit. 51.513 Proxies for forward-looking economic cost. 51.515 Application of access charges. Federal Communications Commission 96-325 B-8 Subpart G - Resale 51.601 Scope of resale rules. 51.603 Resale obligation of all local exchange carriers. 51.605 Additional obligations of incumbent local exchange carriers. 51.607 Wholesale pricing standard. 51.609 Determination of avoided retail costs. 51.611 Interim wholesale rates. 51.613 Restrictions on resale. 51.615 Withdrawal of services. 51.617 Assessment of end user common line charge on resellers. Subpart H - Reciprocal compensation for transport and termination of local telecommunications traffic 51.701 Scope of transport and termination pricing rules.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.wp
  • South Carolina Order at para. 212. According to BellSouth, "[a] contract service arrangement is simply a price negotiated with a particular customer (that is subject to competition) for telecommunications services that BellSouth makes separately available under its tariffs." BellSouth Louisiana Reply, App., Tab 13, Reply Affidavit of Alphonso J. Varner (Varner Reply Aff.) at para. 41. 212 47 C.F.R. § 51.605(b). 213 Id. § 51.613(b). The resale restrictions permitted under subparagraph (a) do not involve contract service arrangements. Those permissible restrictions relate to cross class-selling and short-term promotions. Id. § 51.613(a)(1), (a)(2). 214 Iowa Utils. Bd. v. FCC, 120 F.3d at 818-19. The Eighth Circuit held: [W]e believe that the FCC has jurisdiction to issue these particular rules and that its
• http://transition.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.html http://transition.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.pdf http://transition.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.txt
  • offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers."[14]^ (12) The D.C. Circuit upheld the Bulk Services Order in ASCENT II, holding that the Commission reasonably construed the statutory phrase "at retail."[15]^ (13) Under the Bulk Services Order and section 51.605(c) of our rules, it seems clear that SBC's tariffed DSL transport service for ISPs is a wholesale telecommunications service. This service accordingly is not subject to the resale obligation in section 251(c)(4), because that provision applies only to retail telecommunications services.[16]^ (14) As noted above, under SBC's tariff, the ISPs themselves provide all customer-care functions as part of their own
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • Scope. 51.503 General pricing standard. 51.505 Forward-looking economic cost. 51.507 General rate structure standard. 51.509 Rate structure standards for specific elements. 51.511 Forward-looking economic cost per unit. 51.513 Proxies for forward-looking economic cost. 51.515 Application of access charges. Federal Communications Commission 96-325 B-8 Subpart G - Resale 51.601 Scope of resale rules. 51.603 Resale obligation of all local exchange carriers. 51.605 Additional obligations of incumbent local exchange carriers. 51.607 Wholesale pricing standard. 51.609 Determination of avoided retail costs. 51.611 Interim wholesale rates. 51.613 Restrictions on resale. 51.615 Withdrawal of services. 51.617 Assessment of end user common line charge on resellers. Subpart H - Reciprocal compensation for transport and termination of local telecommunications traffic 51.701 Scope of transport and termination pricing rules.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98017.wp
  • South Carolina Order at para. 212. According to BellSouth, "[a] contract service arrangement is simply a price negotiated with a particular customer (that is subject to competition) for telecommunications services that BellSouth makes separately available under its tariffs." BellSouth Louisiana Reply, App., Tab 13, Reply Affidavit of Alphonso J. Varner (Varner Reply Aff.) at para. 41. 212 47 C.F.R. § 51.605(b). 213 Id. § 51.613(b). The resale restrictions permitted under subparagraph (a) do not involve contract service arrangements. Those permissible restrictions relate to cross class-selling and short-term promotions. Id. § 51.613(a)(1), (a)(2). 214 Iowa Utils. Bd. v. FCC, 120 F.3d at 818-19. The Eighth Circuit held: [W]e believe that the FCC has jurisdiction to issue these particular rules and that its
• http://www.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.html http://www.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.pdf http://www.fcc.gov/Speeches/Abernathy/Statements/2001/stkqa110.txt
  • offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers."[14]^ (12) The D.C. Circuit upheld the Bulk Services Order in ASCENT II, holding that the Commission reasonably construed the statutory phrase "at retail."[15]^ (13) Under the Bulk Services Order and section 51.605(c) of our rules, it seems clear that SBC's tariffed DSL transport service for ISPs is a wholesale telecommunications service. This service accordingly is not subject to the resale obligation in section 251(c)(4), because that provision applies only to retail telecommunications services.[16]^ (14) As noted above, under SBC's tariff, the ISPs themselves provide all customer-care functions as part of their own