Rule2025-16980
Price Cap Business Data Services; Regulation of Business Data Services for Rate-of-Return Local Exchange Carriers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 4, 2025
Effective
August 8, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission temporarily waives Sec. Sec. 61.50(j)(2) and 69.803(c) of the Commission's rules until the Commission directs the Wireline Competition Bureau to update the competitive market tests for incumbent local exchange carriers' business data services.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Rules and Regulations]
[Pages 42709-42710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16980]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 61 and 69
[WC Docket Nos. 21-17, 17-144; FCC 25-44; FR ID 309562]
Price Cap Business Data Services; Regulation of Business Data
Services for Rate-of-Return Local Exchange Carriers
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission temporarily waives Sec. Sec.
61.50(j)(2) and 69.803(c) of the Commission's rules until the
Commission directs the Wireline Competition Bureau to update the
competitive market tests for incumbent local exchange carriers'
business data services.
DATES: Effective August 8, 2025.
[[Page 42710]]
ADDRESSES: Federal Communications Commission, 45 L ST. NE, Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT: Christopher Koves, Associate Division
Chief, Pricing Policy Division, Wireline Competition Bureau, (202) 418-
8209, <a href="/cdn-cgi/l/email-protection#eead869c879d9a819e868b9cc0a581988b9dae888d8dc0898198"><span class="__cf_email__" data-cfemail="bbf8d3c9d2c8cfd4cbd3dec995f0d4cddec8fbddd8d895dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 25-44, released August 8, 2025. A full-text copy may be obtained at
the following internet address: <a href="https://docs.fcc.gov/public/attachments/FCC-25-44A1.pdf">https://docs.fcc.gov/public/attachments/FCC-25-44A1.pdf</a>.
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#066065653336324660656528616970"><span class="__cf_email__" data-cfemail="99fffafaaca9add9fffafab7fef6ef">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Paperwork Reduction Act. This document does not contain new or
substantively modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or substantively
modified information collection burden for small business concerns with
fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198. This document may contain
nonsubstantive changes to information collection requirements that were
previously reviewed and approved by the Office of Management and Budget
(OMB) pursuant to the PRA. Any such modifications to these information
collections will be submitted to OMB pursuant to OMB's nonsubstantive
modification process.
Synopsis
Introduction. On the Commission's own motion, in this Order we
temporarily waive Sec. Sec. 61.50(j)(2) and 69.803(c) of the
Commission's rules until the Commission completes its review of the
record developed in response to the Commission's Notice of Proposed
Rulemaking and Third Further Notice of Proposed Rulemaking (Notice)
released on August 8, 2025, FCC 25-44.
Competitive Market Tests. The competitive market tests are used to
identify areas subject to potential or actual competition that warrant
eliminating rate regulation and tariffing obligations for incumbent
local exchange carriers' (carriers') business data services (BDS). The
Commission's rules require the Wireline Competition Bureau (Bureau) to
release the results of the triennial updates to the competitive market
tests no later than three years following the effective date of the
previous test. The results of the last competitive market test were
released on January 31, 2023. In the Form 477 Sunset Order (87 FR
76949, Dec. 16, 2022), the Commission directed the Bureau and the
Office of Economics and Analytics (OEA) to update the competitive
market test results using Broadband Data Collection (BDC) data
beginning with the 2026 update. Accordingly, absent waiver, the next
competitive market test results must be released by January 31, 2026
and rely on BDC data.
Discussion. We find good cause to temporarily waive Sec. Sec.
61.50(j)(2) and 69.803(c) of the Commission's rules. Considering that
the next competitive market tests must be based on a new dataset that
the Commission has not used before, and the fact that we are proposing
a wide range of deregulatory actions in the Notice, including
eliminating the competitive market tests, we find that special
circumstances exist and the public interest would be best served by
temporarily waiving the triennial updates to the competitive market
tests to allow stakeholders to fully engage with the Notice and to
allow the Commission time to consider the record that develops. Taking
into account hardship, equity, and effective implementation of overall
policy, our good cause finding is bolstered by the fact that relatively
few price cap counties and rate-of-return study areas have been deemed
competitive in the last two triennial reviews suggesting the 2026
update might prove a futile exercise, and there will be minimal impact
from waiting for completion of this proceeding. On balance then, we
find that the burdens of conducting the 2026 triennial update, as the
Commission considers the continuing need for these updates, outweigh
the benefits of doing so. Accordingly, we temporarily waive Sec. Sec.
61.50(j)(2) and 69.803(c) of the Commission's rules until we direct the
Bureau and the OEA to conduct the next triennial updates to the
competitive market tests.
Procedural Matters. The Commission will not send a copy of this
Order to Congress and the Government Accountability Office pursuant to
the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A), because
it does not adopt any rule as defined in the CRA, 5 U.S.C. 804(3).
Ordering Clauses. Accordingly, it is ordered, pursuant to sections
1, 4(i)-(j), 10, 201(b), 202(a), 214, 303(r), 403, of the
Communications Act of 1934, as amended, and section 706 of the
Telecommunications Act of 1996, 47 U.S.C. 151, 152, 154(i)-(j), 160,
201(b), 202(a), 214, 303(r), 403, 1302, this order is adopted.
It is further ordered that, pursuant to sections 1, 4(i)-(j), 10,
201(b), 202(a), 214, and 303(r), of the Communications Act of 1934, as
amended, and section 706 of the Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i)-(j), 160, 201(b), 202(a), 214, 303(r), 1302,
and Sec. 1.3 of the Commission's rules, 47 CFR 1.3, that Sec. Sec.
61.50(j)(2) and 69.803(c) of the Commission's rules, 47 CFR 61.50(j)(2)
and 69.803(c), are waived to the extent described above in the Order,
and that the order shall be effective upon release pursuant to Sec.
1.102(b)(1) of the Commission's rules, 47 CFR 1.102(b)(1).
It is further ordered that, pursuant to Section 220(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 220(i), that notice
be given to each state commission of the above rulemaking proceeding,
and that the Wireline Competition Bureau shall serve a copy of this
Order on each state commission.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2025-16980 Filed 9-3-25; 8:45 am]
BILLING CODE 6712-01-P
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