Proposed Rule2025-03668

Part 36 Separations Rules in Response to Commission Referrals; Request for Comments

Primary source

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Published
March 24, 2025

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission), on behalf of the Federal-State Joint Board on Jurisdictional Separations (Joint Board), seeks comment on issues and questions that the Commission referred to the Joint Board for consideration in the 2024 Separations Freeze Extension and Referral Order to determine the future course of the Part 36 separations rules.

Full Text

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<title>Federal Register, Volume 90 Issue 55 (Monday, March 24, 2025)</title>
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[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Proposed Rules]
[Pages 13447-13448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03668]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 36

[CC Docket No. 80-286, FCC 25J-1; FR ID 281678]


Part 36 Separations Rules in Response to Commission Referrals; 
Request for Comments

AGENCY: Federal Communications Commission.

ACTION: Request for comments.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission), on behalf of the Federal-State Joint Board on 
Jurisdictional Separations (Joint Board), seeks comment on issues and 
questions that the Commission referred to the Joint Board for 
consideration in the 2024 Separations Freeze Extension and Referral 
Order to determine the future course of the Part 36 separations rules.

DATES: Comments are due on or before April 23, 2025; reply comments are 
due on or before May 8, 2025.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated above. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS). 
You may submit comments, identified by CC Docket No. 80-286, FCC 25J-1, 
by either of the following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    <bullet> Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Secretary, Federal Communications Commission.
    <bullet> Hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8 a.m. and 4 p.m. by 
the FCC's mailing contractor at 9050 Junction Drive, Annapolis 
Junction, MD 20701. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    <bullet> Commercial courier deliveries (any deliveries not by the 
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701. Filings sent by U.S. Postal Service First-Class 
Mail, Priority Mail, and Priority Mail Express must be sent to 45 L 
Street NE, Washington, DC 20554.
    <bullet> Additional Requirement to Send Comments and Reply 
Comments. Parties must email one copy of any comments and reply 
comments to the persons named on the Federal-State Joint Board on 
Jurisdictional Separations Service List: <a href="https://www.fcc.gov/general/jurisdictional-separations">https://www.fcc.gov/general/jurisdictional-separations</a>.
    <bullet> People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#0e686d6d3b3e3a4e686d6d20696178"><span class="__cf_email__" data-cfemail="dcbabfbfe9ece89cbabfbff2bbb3aa">[email&#160;protected]</span></a> or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: Marv Sacks, Pricing Policy Division of 
the Wireline Communications Bureau, at (202) 418-2017 or via email at 
<a href="/cdn-cgi/l/email-protection#7d101c0f0b1413530e1c1e160e3d1b1e1e531a120b"><span class="__cf_email__" data-cfemail="412c203337282f6f3220222a32012722226f262e37">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice 
released on February 14, 2025, in CC Docket No. 80-286, FCC 25J-1. The 
full text of this document is available at the following internet 
address: https://www.fcc.gov/

[[Page 13448]]

document/separations-joint-board-seeks-comment-fcc-referrals.
    On November 13, 2024, the Commission adopted the 2024 Separations 
Freeze Extension and Referral Order that extends, for up to an 
additional six years to December 31, 2030, the freeze of the 
separations rules for rate-of-return incumbent local exchange carriers. 
To fully address the future of these rules, last revised more than 35 
years ago in a vastly different telecommunications marketplace, the 
Commission also referred to the Joint Board additional issues for its 
consideration.
    First, the Commission reiterated a prior referral asking the Joint 
Board ``whether separations rules are still needed during the 
transition from a regulated to a competitive marketplace'' and whether 
the Commission should still pursue comprehensive reform or allow the 
separations rules to become increasingly obsolete over time. More 
specifically, the Commission asked the Joint Board for a recommended 
decision on ``whether comprehensive reform is still in the public 
interest when the industry is naturally transitioning away from legacy 
technologies and cost-based ratemaking and the burdens of compliance 
with any new set of rules, were they to be reformed, would be 
significant for the limited number of small carriers still subject to 
the separations rules.''
    Second, the Commission asked the Joint Board for a recommended 
decision on whether it would be in the public interest to adopt a 
permanent freeze of the rules while considering the future course of 
the separations rules and framework. The Commission explained that 
consideration of a permanent freeze is particularly relevant in light 
of the referral on whether the separations rules still need to be 
reformed. The Commission observed that, if the Joint Board determines 
that comprehensive reform of the separations rules is no longer 
necessary and that these rules should be allowed to become obsolete due 
to technological transitions and regulatory reforms, then a permanent 
freeze appears to be prudent.
    Third, if the Joint Board were to recommend a permanent separations 
freeze, the Commission asked the Joint Board to consider whether 
carriers should be given an opportunity to unfreeze their category 
relationships to enable carriers to update their cost data for 
categorizing investments and expenses. Relatedly, in asking the Joint 
Board to assess whether the Commission should allow carriers to 
unfreeze their category relationships, the Commission asked the Joint 
Board to consider whether this opportunity should be available only 
once or periodically, and whether or not these carriers should be 
permitted to refreeze their category relationships.
    The Joint Board seeks comment on these issues and questions as it 
prepares to respond to the Commission's referrals and requests for 
recommended decisions in the 2024 Separations Freeze Extension and 
Referral Order.
    Permit-but-disclose proceeding. The proceeding this Notice 
initiates shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules. Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Federal Communications Commission.
Lynne Engledow,
Deputy Division Chief, Pricing Policy Division, Wireline Competition 
Bureau.
[FR Doc. 2025-03668 Filed 3-21-25; 8:45 am]
BILLING CODE 6712-01-P


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Indexed from Federal Register on March 24, 2025.

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