of these carriers are not independently owned and operated, or have more than 1,500 employees, we are unable at this time to estimate with greater precision the number of these carriers that would qualify as small business concerns under the SBA's definition. Consequently, we estimate that there are fewer than 1,348 incumbent LECs and fewer than 212 CAPS and competitive LECS that may be affected by the decisions and rule changes adopted in this proceeding. 4. Description of Projected Reporting, Recordkeeping, and Other 109. The rule we are adopting imposes direct compliance requirements on interconnected incumbent and competitive LECs, including small LECs. In order to comply with this rule, these entities will be required to exchange their ISP-bound traffic subject to the rules we are adopting above. 5. Steps Taken to Minimize Significant Economic Impact on Small 110. In the Declaratory Ruling and Intercarrier Compensation NPRM the Commission proposed various approaches to intercarrier compensation for ISP-bound traffic. 232 During the course of this proceeding the Commission considered and rejected several alternatives.233 None of the significant alternatives considered would appear to succeed as much as our present rule in balancing our desire to minimize any significant economic impact on relevant small entities, with our desire to deal with the undesirable incentives created under the current reciprocal compensation regime that governs the exchange of ISP-bound traffic in most instances. We also find that for small ILECs and CLECS the administrative burdens and transaction costs of intercarrier compensation will be minimized to the extent that LECS begin a transition toward recovery of costs from end-users, rather than other carriers. 111. Although a longer transition period was considered by the Commission, it was rejected because a three-year period was considered sufficient to accomplish our policy objectives with respect to all LECs.234 Differing compliance requirements for small LECs or exemption from all or part of this rule is inconsistent with our policy goal of addressing the market distortions attributable to the prevailing intercarrier compensation mechanism for ISPbound traffic and beginning a smooth transition to bill-and-keep. Report to Congress: The Commission will send a copy of this Order on Remand and Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act.235 In addition, the Commission will send a copy of this Order on Remand and Report and Order, including the FRFA, to the Chief Counsel for Advocacy of the Small Business 232 Declaratory Ruling, 14 FCC Rcd at 3707-10. 233 234 See supra paras. 67-76 (rejecting application of a reciprocal compensation mechanism to ISP-bound traffic). We note, however, that the interim regime we adopt here governs for 36 months or until further action by the Commission, whichever is longer. 235 5 U.S.C. § 801(a)(1)(A). Administration. A copy of this Order on Remand and Report and Order and FRFA (or 112. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i) and (j), 201-209, 251, 113. IT IS FURTHER ORDERED that the Commission's Consumer Information 236 See 5 U.S.C. § 604(b). FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Appendix A List of Commenters in CC Docket Nos. 96-98, 99-68 Comments Filed in Response to the June 23, 2000 Public Notice Advanced Telcom Group, Inc.; e.spire Communications, Inc.; Intermedia Communications, Inc.; KMC Telecom, Inc.; Nextlink Communications, Inc.; The Competitive Telecommunications Association Alliance for Public Technology Association of Communications Enterprises Association for Local Telecommunications Services AT&T Corp. (AT&T) BellSouth Corporation Cablevision Lightpath, Inc. California State and California Public Utilities Commission Centennial Communications Corp. (Centennial) Florida Public Service Commission Focal Communications Corporation, Allegiance Telecom, Inc., and Adelphia Business Solutions, Inc. General Services Administration Global NAPs, Inc. ICG Telecom Group, Inc. Keep America Connected; National Association of the Deaf; National Association of Development Organizations; National Black Chamber of Commerce; New York Institute of Technology; Ocean of Know; Telecommunications for the Deaf, Inc.; United States Hispanic Chamber of Commerce Massachusetts Department of Telecommunications & Energy Missouri Public Service Commission National Consumers League National Exchange Carrier Association, Inc. New York Department of Public Service Pac-West Telecomm, Inc. Pennsylvania Office of Consumer Advocate Prism Communications Services, Inc. Qwest Corporation RCN Telecom Services, Inc. and Connect Communications Corporation Rural Independent Competitive Alliance SBC Communications, Inc. (SBC) Sprint Corporation (Sprint) Texas Public Utility Commission Time Warner Telecom Inc. (Time Warner) United States Telecom Association Verizon Communications (Verizon) Western Telephone Integrated Communications, Inc. Reply Comments Filed in Response to the June 23, 2000 Public Notice Adelphia Business Solutions, Inc.; Allegiance TeleCom, Inc., Focal Communications AT&T Corp. BellSouth Corporation Cablevision Lightpath, Inc. Cincinnati Bell Telephone Company Commercial Internet Exchange Association Converscent Communications, LLC Covad Communication Company Duckenfield, Pace e.spire Communications, Inc., Intermedia Communications Inc., KMC Telecom, Inc., NEXTLINK Communications, Inc., The Association for Local Telecommunications Services, and The Competitive Telecommunications Association General Services Administration Global NAPs, Inc. ICG Telecom Group, Inc. Keep America Connected; National Association of Development Organizations; National Black Chamber of Commerce; New York Institute of Technology; United States Hispanic Chamber of Commerce Pac-West Telecomm, Inc. Prism Communications Services, Inc. Qwest Corporation Riter, Josephine SBC Communications, Inc. (SBC) Sprint Corporation Time Warner Telecom Inc. (Time Warner) US Internet Industry Association United States Telecom Association Verizon Communications (Verizon) Western Telephone Integrated Communications, Inc. Comments Filed in Response to the February 26, 1999 Notice of Proposed Rulemaking Airtouch Paging America Online, Inc. (AOL) Ameritech Association for Local Telecommunications Services AT&T Corp. (AT&T) Baldwin, Jesse Bardsley, June Bell Atlantic Corporation BellSouth Corporation Cablevision Lightpath, Inc. California Public Utilities Commission Choice One Communications (Choice One) Cincinnati Bell Telephone Company Commercial Internet eXchange Association Cox Communications, Inc. (Cox) CT Cube, Inc. & Leaco Rural Telephone Cooperative, Inc. Florida Public Service Commission Focal Communications Corporation Frontier Corporation General Communication, Inc. General Services Administration Global NAPs Inc. GST Telecom, Inc. GTE Services Corporation (GTE) GVNW Consulting, Inc. Hamilton, Dwight ICG Communications ICORE, Inc. Indiana Utility Regulatory Commission Information Technology Association of America Intermedia Communications Inc. (Intermedia) Keep America Connected; Federation of Hispanic Organizations of the Baltimore Metropolitan Area, Inc; Latin American Women and Supporters; League of United Latin American Citizens; Massachusetts Assistive Technology Partnership; National Association of Commissions for Women; National Association of Development Organizations; National Hispanic Council on Aging; New York Institute of Technology; Resources for Independent Living; Telecommunications Advocacy Project; The Child Health Foundation; The National Trust for the Development of African American Men; United Homeowners Association; United Seniors Health Cooperative KMC Telecom Inc. Lewis, Shawn Lloyd, Kimberly, D. |