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Telecommunications Disclosures Dont be a FOOL; The Law is Not DIY

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Network Information Disclosure

Computer II and Computer III articulated requirements for the disclosure of network information by BOCs.   See 47 C.F.R. § 64.702(d)(2) (network information disclosure requirements for BOCs providing enhanced services through separate subsidiaries).  These requirements have been superceded by the Telecommunications Act of 1996.   47 USC § 251 (c)(5) states:

In addition to the duties contained in subsection (b), each incumbent local exchange carrier has the following duties . . . (5)  NOTICE OF CHANGES. - The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange carrier's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks.

The regulations implementing the new statutory requirements can be found at 47 C.F.R. §§ 51.325 - 335.

In sum, these rules require all incumbent local exchange carriers (ILECs) to provide public notice regarding any network changes that affect a competing service provider's (including an information service provider  47 C.F.R. § 51.325(d)) performance or ability to provide service or will affect the ILEC's interoperability with other service providers.   47 C.F.R. § 51.325(a).  Until the ILEC has disclosed this information publicly, it may not disclosure this information to anyone, particularly its own affiliates. 47 C.F.R. § 51.325(c).  The rules set forth requirements for the content of the notice,  47 C.F.R. § 51.327, the methods of notice,  47 C.F.R. § 51.329, and the timing of notice, 47 C.F.R. §§ 51.331-33.   Information about DSL readiness of the network would fall within the Network Information Disclosure rules.

See Also PSTN Transition (ILECs have been issuing NID notices about discontinuance of copper)


Derived From: Tariffs, Pricing Policy Division, FCC.

"Tariffs contain the rates, terms and conditions of certain services provided by telecommunications carriers. The most common tariff filed at the FCC is for interstate local access service. These tariffs are filed by local exchange carriers, or LECs.

"Long-distance companies and others pay the rates set out in these tariffs to LECs for access to local networks at the originating and/or terminating ends of a long-distance call. Access services include:

  • End User access, which mainly recovers the Subscriber Line Charge, the Access Recovery Charge, and the Universal Service Fund Charge.
  • Switched access, used primarily for long-distance calls originating and/or terminating over a local exchange connection.
  • Special access, a dedicated line provided by a LEC to a customer, which could be a long-distance company, for the customer's exclusive use.
  • Rates and conditions for services that include DSL from certain carriers, packet-switched services, long-distance directory assistance access and other services.

"LECs do not file tariffs for local and intrastate services with the FCC, because the Communications Act of 1934, as amended (the Act) governs only interstate and international services.

"Except in very limited circumstances, long-distance companies are not permitted to file tariffs for long-distance service because the FCC has determined that the long-distance market is competitive. Like long-distance service, many broadband services have been detariffed. Tariffs are optional for competitive LECs, but they may not file tariffs for switched access if the price does not comply with the benchmark rules and the intercarrier compensation rules.

"Tariffs must be just and reasonable and may not be unreasonably discriminatory under Sections 201(a) and 202(b) of the Communications Act of 1934, as amended."



"tariff: The published schedule of rates or charges for a specific unit of equipment, facility, or type of service such as might be provided by a telecommunications common carrier. " FS 1037c.

47 C.F.R. 61.3(ss) Definitions: "Schedules of rates and regulations filed by common carriers."


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