Date: Thu, 19 Dec 1996 19:53:13 -0800 (PST) From: Michael Dillon <michael@memra.com> To: isp-marketing@sparknet.net Subject: Re: New Telco Charges? Message-ID: <Pine.BSI.3.93.961219195037.22426T-100000@sidhe.memra.com> In-Reply-To: <Pine.BSI.3.93.961219161217.22426L-100000@sidhe.memra.com>
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On Thu, 19 Dec 1996, Deb Howard wrote:
> >Thanks to Jessica at blarg.net here is 47 CFR Section 69.115
> >
> <SNIP>
>
> Hey Jessica or anyone else -- what about the Enhanced Service Provider
> ("ESP") exemption of 47 C.F.R. 64.702 -- can you get your hands on this
> CFR
> too? That according to the CIX is the one that speaks to the online/ISP
> exemption from the SLC --
-HEAD-
Sec. 64.702 Furnishing of enhanced services and customer-premises
equipment.
-TEXT-
(a) For the purpose of this subpart, the term 'enhanced service'
shall refer to services, offered over common carrier transmission
facilities used in interstate communications, which employ computer
processing applications that act on the format, content, code,
protocol or similar aspects of the subscriber's transmitted
information; provide the subscriber additional, different, or
restructured information; or involve subscriber interaction with
stored information. Enhanced services are not regulated under
Title II of the Act.
(b) Communications common carriers subject, in whole or in part,
to the Communications Act may directly provide enhanced services
and customer-premises equipment; provided, however, that the
Commission may prohibit any such common carrier from engaging
directly or indirectly in furnishing enhanced services or
customer-premises equipment to others except as provided for in
paragraph (c) of this section, or as otherwise authorized by the
Commission.
(c) A communications common carrier prohibited by the Commission
pursuant to paragraph (b) of this section from engaging in the
furnishing of enhanced services or customer-premises equipment may,
subject to other provisions of law, have a controlling or lesser
interest in, or be under common control with, a separate corporate
entity that furnishes enhanced services or customer-premises
equipment to others provided the following conditions are met:
(1) Each such separate corporation shall obtain all transmission
facilities necessary for the provision of enhanced services
pursuant to tariff, and may not own any network or local
distribution transmission facilities or equipment.
(2) Each such separate corporation shall operate independently in
the furnishing of enhanced services and customer-premises
equipment. It shall maintain its own books of account, have
separate officers, utilize separate operating, marketing,
installation, and maintenance personnel, and utilize separate
computer facilities in the provision of enhanced services.
(3) Each such separate corporation which provides
customer-premises equipment or enhanced services shall deal with
any affiliated manufacturing entity only on an arm's length basis.
(4) Any research or development performed on a joint or separate
basis for the subsidiary must be done on a compensatory basis.
Except for generic software within equipment, manufactured by an
affiliate, that is sold 'off the shelf' to any interested
purchaser, the separate corporation must develop its own software,
or contract with non-affiliated vendors.
(5) All transactions between the separate corporation and the
carrier or its affiliates which involve the transfer, either direct
or by accounting or other record entries, of money, personnel,
resources, other assets or anything of value, shall be reduced to
writing. A copy of any contract, agreement, or other arrangement
entered into between such entities shall be filed with the
Commission within 30 days after the contract, agreement, or other
arrangement is made. This provision shall not apply to any
transaction governed by the provision of an effective state or
federal tariff.
(d) A carrier subject to the proscription set forth in paragraph
(c) of this section:
(1) Shall not engage in the sale or promotion of enhanced
services or customer-premises equipment, on behalf of the separate
corporation, or sell, lease or otherwise make available to the
separate corporation any capacity or computer system component on
its computer system or systems which are used in any way for the
provision of its common carrier communications services. (This does
not apply to communications services offered the separate
subsidiary pursuant to tariff);
(2) Shall disclose to the public all information relating to
network design and technical standards and information affecting
changes to the telecommunications network which would affect either
intercarrier interconnection or the manner in which
customer-premises equipment is attached to the interstate network
prior to implementation and with reasonable advance notification.
When such information is disclosed to the separate corporation it
shall be disclosed and be available to any member of the public on
the same terms and conditions;
(3) May not provide to any such separate corporation any customer
proprietary information unless such information is available to any
member of the public on the same terms and conditions; and
(4) Must obtain Commission approval as to the manner in which the
separate corporation is to be capitalized, prior to obtaining any
interest in the separate corporation or transferring any assets,
and must obtain Commission approval of any modification to a
Commission approved capitalization plan.
(e) Except as otherwise ordered by the Commission, after March 1,
1982, the carrier provision of customer-premises equipment used in
conjunction with the interstate telecommunications network shall be
separate and distinct from provision of common carrier
communications services and not offered on a tariffed basis.
(Secs. 4, 201-205, 403, 404, 410; 48 Stat., as amended, 1066,
1070-1072, 1094, 1098; (47 U.S.C. 154, 201-205, 403, 404, 410))
(45 FR 31364, May 13, 1980, as amended at 46 FR 6008, Jan. 21,
1981)
Michael Dillon - Internet & ISP Consulting
Memra Software Inc. - Fax: +1-604-546-3049
http://www.memra.com - E-mail: michael@memra.com
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