1、5 SUBCHAPTER BCOMMON CARRIER SERVICES (CONTINUED) PARTS 4041 RESERVED PART 42PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS APPLICABILITY Sec. 42.01 Applicability. GENERAL INSTRUCTIONS 42.1 Scope of the regulations in this part. 42.2 Designation of a supervisory official. 42.3 Protection a
2、nd storage of records. 42.4 Index of records. 42.5 Preparation and preservation of repro-ductions of original records. 42.6 Retention of telephone toll records. 42.7 Retention of other records. SPECIFIC INSTRUCTIONS FOR CARRIERS OFFERING INTEREXCHANGE SERVICES 42.10 Public availability of informatio
3、n con-cerning interexchange services. 42.11 Retention of information concerning detariffed interexchange services. AUTHORITY: Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C. 154(i). Interprets or ap-plies secs. 219 and 220, 48 Stat. 107778, 47 U.S.C. 219, 220. SOURCE: 51 FR 32653, Sept. 15, 1986, un
4、less otherwise noted. APPLICABILITY 42.01 Applicability. This part prescribes the regulations governing the preservation of records of communication common carriers that are fully subject to the jurisdic-tion of the Commission. GENERAL INSTRUCTIONS 42.1 Scope of the regulations in this part. (a) The
5、 regulations in this part apply to all accounts, records, memoranda, documents, papers, and correspondence prepared by or on behalf of the carrier as well as those which come into its possession in connection with the ac-quisition of property, such as by pur-chase, consolidation, merger, etc. (b) Th
6、e regulations in this part shall not be construed as requiring the prep-aration of accounts, records, or memo-randa not required to be prepared by other regulations, such as the Uniform System of Accounts, except as provided hereinafter. (c) The regulations in this part shall not be construed as exc
7、using compli-ance with any other lawful require-ment for the preservation of records. 42.2 Designation of a supervisory of-ficial. Each carrier subject to the regula-tions in this part shall designate one or more officials to supervise the preser-vation of its records. 42.3 Protection and storage of
8、 records. The carrier shall protect records sub-ject to the regulations in this part from damage from fires, and other haz-ards and, in the selection of storage spaces, safeguard the records from un-necessary exposure to deterioration. 42.4 Index of records. Each carrier shall maintain at its op-era
9、ting company headquarters a mas-ter index of records. The master index shall identify the records retained, the related retention period, and the loca-tions where the records are main-tained. The master index shall be sub-ject to review by Commission staff and the Commission shall reserve the right
10、to add records, or lengthen retention periods upon finding that retention pe-riods may be insufficient for its regu-latory purposes. When any records are lost or destroyed before expiration of the retention period set forth in the master index, a certified statement shall be added to the master inde
11、x, as soon as practicable, listing, as far as may be determined, the records lost or destroyed and describing the cir-cumstances of the premature loss or destruction. At each office of the car-rier where records are kept or stored, the carrier shall arrange, file, and cur-rently index the records on
12、 site so that VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-6 47 CFR Ch. I (10110 Edition) 42.5 they may be r
13、eadily identified and made available to representatives of the Commission. 42.5 Preparation and preservation of reproductions of original records. (a) Each carrier may use a retention medium of its choice to preserve records in lieu of original records, pro-vided that they observe the require-ments
14、of paragraphs (b) and (c) of this section. (b) A paper or microfilm record need not be created to satisfy the require-ments of this part if the record is ini-tially prepared in machine-readable medium such as punched cards, mag-netic tapes, and disks. Each record kept in a machine-readable medium sh
15、all be accompanied by a statement clearly indicating the type of data in-cluded in the record and certifying that the information contained in it has been accurately duplicated. This state-ment shall be executed by a person du-plicating the records. The records shall be indexed and retained in such
16、a man-ner that they are easily accessible, and the carrier shall have the facilities available to locate, identify and repro-duce the records in readable form with-out loss of clarity. (c) Records may be retained on microfilm provided they meet the re-quirements of the Federal Business Records Act (
17、28 U.S.C. 1732). 42.6 Retention of telephone toll records. Each carrier that offers or bills toll telephone service shall retain for a pe-riod of 18 months such records as are necessary to provide the following bill-ing information about telephone toll calls: the name, address, and telephone number
18、of the caller, telephone number called, date, time and length of the call. Each carrier shall retain this in-formation for toll calls that it bills whether it is billing its own toll service customers for toll calls or billing cus-tomers for another carrier. 51 FR 39536, Oct. 29, 1986 42.7 Retention
19、 of other records. Except as specified in 42.6, each car-rier shall retain records identified in its master index of records for the pe-riod established therein. Records rel-evant to complaint proceedings not al-ready contained in the index of records should be added to the index as soon as a compla
20、int is filed and retained until final disposition of the complaint. Records a carrier is directed to retain as the result of a proceeding or inquiry by the Commission to the extent not already contained in the index will also be added to the index and retained until final disposition of the pro-ceed
21、ing or inquiry. SPECIFIC INSTRUCTIONS FOR CARRIERS OFFERING INTEREXCHANGE SERVICES 42.10 Public availability of informa-tion concerning interexchange serv-ices. (a) A nondominant interexchange carrier (IXC) shall make available to any member of the public, in at least one location, during regular bu
22、siness hours, information concerning its cur-rent rates, terms and conditions for all of its international and interstate, do-mestic, interexchange services. Such information shall be made available in an easy to understand format and in a timely manner. Following an inquiry or complaint from the pu
23、blic con-cerning rates, terms and conditions for such services, a carrier shall specify that such information is available and the manner in which the public may obtain the information. (b) In addition, a nondominant IXC that maintains an Internet website shall make such rate and service infor-matio
24、n specified in paragraph (a) of this section available on-line at its Internet website in a timely and easily accessible manner, and shall update this information regularly. 64 FR 19725, Apr. 22, 1999, as amended at 66 FR 16879, Mar. 28, 2001 42.11 Retention of information con-cerning detariffed int
25、erexchange services. (a) A nondominant IXC shall main-tain, for submission to the Commission and to state regulatory commissions upon request, price and service infor-mation regarding all of the carriers international and interstate, domestic, interexchange service offerings. A com-mercial mobile ra
26、dio service (CMRS) provider shall maintain such price and VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7 Fed
27、eral Communications Commission 43.01 service information only about its international common carrier service offerings and only for those routes on which the CMRS provider is classified as dominant under 63.10 of this Chap-ter due to an affiliation with a foreign carrier that collects settlement pay
28、-ments from U.S. carriers for termi-nating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to maintain its price and service infor-mation, however, on any such affiliated route if it provides service on that route solely through the resale of
29、 an unaffiliated facilities-based providers international switched services. The price and service information main-tained for purposes of this paragraph shall include documents supporting the rates, terms, and conditions of the car-riers international and interstate, do-mestic, interexchange offeri
30、ngs. The information maintained pursuant to this section shall be maintained in a manner that allows the carrier to produce such records within ten busi-ness days. For purposes of this para-graph, affiliated and foreign carrier are defined in 63.09 of this chapter. (b) The price and service informat
31、ion maintained pursuant to this section shall be retained for a period of at least two years and six months following the date the carrier ceases to provide serv-ices pursuant to such rates, terms and conditions. 61 FR 59366, Nov. 22, 1996, as amended at 62 FR 59604, Nov. 4, 1997; 64 FR 19725, Apr.
32、22, 1999; 66 FR 16879, Mar. 28, 2001 PART 43REPORTS OF COMMU-NICATION COMMON CARRIERS AND CERTAIN AFFILIATES Sec. 43.01 Applicability. 43.11 Reports of local exchange competition data. 43.21 Transactions with affiliates. 43.41 Reserved 43.43 Reports of proposed changes in depre-ciation rates. 43.51
33、Contracts and concessions. 43.53 Reports regarding division of inter-national toll communication charges. 43.61 Reports of international telecommuni-cations traffic. 43.72 Reserved 43.82 International circuit status reports. AUTHORITY: 47 U.S.C. 154; Telecommuni-cations Act of 1996, Pub. L. 104104,
34、secs. 402 (b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless otherwise noted. 47 U.S.C. 211, 219, 220 as amended. SOURCE: 28 FR 13214, Dec. 5, 1963, unless otherwise noted. 43.01 Applicability. (a) The sections in this part include requirements which have been promul-gated under authority of sect
35、ions 211 and 219 of the Communications Act of 1934, as amended, with respect to the filing by communication common car-riers and certain of their affiliates of periodic reports and certain other data, but do not include certain require-ments relating to the filing of informa-tion with respect to spe
36、cific services, accounting systems and other matters incorporated in other parts of this chapter. (b) Except as provided in paragraphs (c) and (d) of this section, carriers be-coming subject to the provisions of the several sections of this part for the first time, shall, within thirty (30) days of
37、becoming subject, file the required data as set forth in the various sec-tions of this part. (c) Carriers becoming subject to the provisions of 43.21 and 43.43 for the first time, because their annual oper-ating revenues equal or exceed the in-dexed revenue threshold for a given year, shall begin co
38、llecting data pursu-ant to such provisions in the calendar year following the publication of that indexed revenue threshold in the FED-ERAL REGISTER. With respect to such initial filing of reports by any carrier, pursuant to the provisions of 43.21 (d), (e), (f), (g), (h), (i), (j), and (k), the car
39、-rier is to begin filing data for the cal-endar year following the publication of that indexed revenue threshold in the FEDERAL REGISTER by April 1 of the second calendar year following publica-tion of that indexed revenue threshold in the FEDERAL REGISTER. (d) Common carriers subject to the provisi
40、ons of 43.11 shall file data semi- annually. Reports shall be filed each year on or before March 1st (reporting data about their deployment of local exchange services as of December 31 of the prior year) and September 1st (re-porting data about their deployment of VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
