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Federal Communications Commission
2004 Biennial Regulatory Review
EB Docket No. 04-176
Enforcement Bureau
Staff Report
January 5, 2005
INTRODUCTION
The Enforcement Bureau (EB) is the primary
organizational unit within the Commission that is
responsible for enforcement of provisions of the
Communications Act and the Commission's rules. EB has
specific responsibility for administering rules governing
formal common carrier complaint proceedings at the
Commission and the imposition of forfeiture penalties.1
Staff reviewed these rules to determine whether they are no
longer necessary in the public interest as the result of
meaningful economic competition, as required by Section 11
of the Communications Act of 1934, as amended.2 As part of
this review, the Commission sought recommendations from the
public concerning whether these rules and procedures should
be modified or eliminated.3
REVIEW OF RELEVANT RULES
The Commission identified the following rule parts
containing regulations administered by the Enforcement
Bureau for review and comment in the Public Notice:
Part 1 - Practice and Procedure - Sections 1.711 to
1.736 set forth rules for the filing of formal
complaints against common carriers. Section 1.80
addresses forfeiture penalties applicable to common
carriers [and others].
These rules are not competition-related, and thus we cannot
find that they are ``no longer necessary in the public
interest as the result of meaningful economic competition.''
Accordingly, we find that these rules should be retained.
Rules 1.711 through 1.736 set forth the procedures for
formal complaint proceedings against common carriers.
Competitive developments have not affected the need for
these rules. Section 208 of the Communications Act
continues to permit any person to file a complaint with the
Commission alleging that a common carrier has violated the
provisions of the Communications Act. Indeed, in a more
competitive marketplace, such complaints are often filed by
one competitor against another. So long as the right to
file complaints remains, the Commission's rules establishing
the procedures for filing those complaints remain necessary.
No party has filed comments arguing to the contrary.
Accordingly, we do not find that these rules are ``no longer
necessary in the public interest as the result of meaningful
economic competition between providers of
[telecommunications] service,'' but rather find that they
should be retained.
Rule 1.80 sets forth who may be subject to a forfeiture
penalty for violation of the Communications Act or
Commission rules and orders, the limits on the amount of the
forfeitures that may be assessed, and guidelines for
determining the amount of such forfeitures. Competitive
developments have not reduced the need for these rules.
Enforcement is even more important in a competitive
marketplace, to ensure that the market is able to function
without unlawful interference, and thus rule 1.80 remains
necessary in the public interest. No parties argued for
elimination of this rule, and we find that it should be
retained.
CONCLUSION
The staff's review of the rules 1.711 through 1.736 and
1.80, as well as its review of comments submitted in
connection with the biennial review proceeding, do not
support elimination or modification of the subject rules.
Staff concludes that the public interest warrants retention
of these rules in their current form to help ensure the
proper functioning of a competitive marketplace.
_________________________
1 47 C.F.R. §§ 1.80 and 1.711-1.736.
2 47 U.S.C. § 161.
3 Public Notice, The Commission Seeks Public Comment in the
2004 Biennial Review of Telecommunications Regulations - EB
Docket No. 04-176, FCC 04-105, May 11, 2004.