[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Proposed Rules]
[Pages 6961-6963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4182]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[CC Docket No. 95-185; CC Docket No. 94-54; FCC 96-61]


Interconnection Between Local Exchange Carriers and Commercial 
Mobile Radio Service Providers and Equal Access and Interconnection 
Obligation Pertaining to Commercial Mobile Radio Service Providers

AGENCY: Federal Communications Commission.

ACTION: Supplemental Notice of Proposed Rulemaking.

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SUMMARY: In this Supplemental Notice of Proposed Rulemaking, the 
Commission requests comments on the implications of the 
Telecommunications Act of 1996 on the proposals and topics for comment 
regarding interconnection between local exchange carriers and 
commercial mobile radio service providers as identified in the Notice 
of Proposed Rulemaking (Notice), CC Docket Nos. 95-185 and 94-54, 61 FR 
03644 (Feb. 1, 1996). The Commission requests the parties to address 
the extent to which the recent legislation may affect the 
jurisdictional discussion in the Notice. The intended effect of the 
Commission's action is to receive input on the implications of the 
Telecommunications Act of 1996 on these issues.

DATES: Comments are due on or before March 4, 1996, reply comments are 
due on or before March 25, 1996.


[[Page 6962]]

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: James Coltharp, Wireless 
Telecommunications Bureau, at (202) 418-0600.

SUPPLEMENTARY INFORMATION: This Supplemental Notice of Proposed Rule 
Making in CC Docket Nos. 95-185 and 94-54, adopted February 16, 1996, 
and released February 16, 1996, is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room 230, 
1919 M Street, N.W., Washington, D.C. The complete text may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 2100 M Street, N.W., Suite 140, 
Washington, D.C. 20037, (202) 857-3800.

Synopsis of Supplemental Notice of Proposed Rulemaking

    The Commission released the Notice, Interconnection Between Local 
Exchange Carriers and Commercial Mobile Radio Service Providers and 
Equal Access and Interconnection Obligation Pertaining to Commercial 
Mobile Radio Service Providers, Notice of Proposed Rulemaking, CC 
Docket Nos. 95-185, 94-54, FCC 95-505, 61 FR 03644 (Feb. 1, 1996) 
(Notice), on January 11, 1996, prior to the enactment of the 
Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56 
(1996). Since the release of the Notice, interested parties have 
requested the Commission to extend the dates for filing comments and 
reply comments. In light of these events, the Commission asks for 
additional comment in this proceeding and revises the pleading cycle 
accordingly.
    2. The National Association of Regulatory Utility Commissioners 
(``NARUC'') and GTE Service Corporation (``GTE'') have filed motions to 
extend the dates that initial and reply comments are due in the above-
referenced dockets. Specifically, NARUC requests that the date that 
initial comments are due be extended four (4) days from February 26, 
1996 to March 1, 1996 and the date reply comments are due be extended 
from March 12, 1996 to March 24, 1996. GTE requests that the dates for 
filing initial and reply comments be extended one month to March 26, 
1996 and April 26, 1996, respectively. The Cellular Telecommunications 
Industry Association (``CTIA'') has filed a response opposing GTE's 
request, but not opposing NARUC's request. Ameritech Operating 
Companies (``Ameritech'') filed comments in support of GTE's motion.
    3. NARUC states that the present deadline of February 26, 1996 for 
filing initial comments falls two days before the conclusion of its 
previously scheduled winter meeting. NARUC states it was planning to 
use its winter meeting to reach a consensus on the issues raised in 
these dockets. With respect to the date for filing reply comments, 
NARUC states that the deadline does not give its members sufficient 
time to review initial comments and formulate a response. NARUC notes 
that it frequently takes a week for some of its western members to 
receive copies of comments, and that many of its state commission 
members have procedural rules requiring several days notice for 
approval of pleadings before they can be filed.
    4. GTE argues that due to the complexity of the issues raised in 
these dockets it needs more time to adequately address these issues. 
GTE also asserts that it needs additional time to respond in light of 
the recently enacted Telecommunications Act of 1996. GTE requests a 30 
day extension of each of the filing deadlines.
    5. CTIA states that GTE's request would significantly delay the 
timely resolution of the issues raised in these dockets. Ameritech 
contends that it needs additional time to review the new legislation 
and it also states that it is in the process of negotiating several 
interconnection agreements which will be relevant to the Commission's 
analyses.
    6. The Commission agrees with GTE and Ameritech that the 
Telecommunications Act of 1996 may have an impact on this proceeding 
and should be considered by parties formulating their comments and 
reply comments. Therefore, the Commission is issuing this Supplemental 
Notice of Proposed Rulemaking to seek comments on the implications of 
the Telecommunications Act of 1996 on the Commission's proposals and 
topics for comment regarding interconnection between local exchange 
carriers and commercial mobile radio service providers as identified 
and outlined in the Notice. The Commission requests the commenters to 
particularly address the extent to which the recent legislation may 
affect the jurisdictional discussion in the Notice.
    7. The deadlines for the filing of all comments and reply comments 
in this proceeding are revised. The Commission recognizes that NARUC is 
attempting to overcome concrete timing problems beyond its own control 
and that granting an extension permits NARUC to develop a consensus 
position and ensures that each of its members has a chance to actively 
participate in these proceedings. The Commission believes that the 
extension will provide commenters adequate time to consider the 
additional questions and to prepare comments in light of the new 
legislation. GTE, however, has not presented a sufficient justification 
for extending by 30 days each of the filing deadlines. Granting its 
motion would jeopardize the timely resolution of the issues raised in 
these dockets. Accordingly, initial comments will be due on March 4, 
1996 and reply comments will be due on March 25, 1996.
    8. Comments and reply comments should be captioned in CC Docket No. 
95-185 only. Pursuant to applicable procedures set forth in Sections 
1.415 and 1.419 of the Commission's rules, 47 CFR Secs. 1.415, 1.419, 
interested parties may file comments on or before March 4, 1996, and 
reply comments on or before March 25, 1996. To file formally in this 
proceeding, parties must file an original and four copies of all 
comments, reply comments, and supporting comments. For each 
Commissioner to receive a personal copy of the comments, parties must 
file an original and nine copies. Comments and reply comments should be 
sent to Office of the Secretary, Federal Communications Commission, 
1919 M Street, N.W., Room 222, Washington, D.C. 20554. Parties should 
also file one copy of any documents filed in this docket with the 
Commission's copy contractor, International Transcription Services, 
Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Comments 
and reply comments will be available for public inspection during 
regular business hours in the FCC Reference Center, 1919 M Street, 
N.W., Room 239, Washington, D.C. 20554.

Ex Parte Rules--Non-Restricted Proceeding

    This is a non-restricted notice and comment rulemaking proceeding. 
Ex parte presentations are permitted, except during the Sunshine Agenda 
period, provided that they are disclosed as provided in the 
Commission's rules, 47 CFR Secs. 1.1202, 1.1203, 1.1206.

Ordering Clauses

    It is ordered that, pursuant to Sections 1, 4, 201-205, 215, 218, 
220, 303(r) and 332 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 151, 154, 201-205, 215, 218, 220, 303(r) and 332, and the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 
(1996), 

[[Page 6963]]
an order and supplemental notice of proposed rulemaking is hereby 
adopted.
    It is further ordered that, the motions for extension of time filed 
by NARUC and GTE are granted to the extent described herein and 
otherwise denied.
    It is further ordered, that comments in CC Docket No. 95-185 will 
be due March 4, 1996 and reply comments will be due March 25, 1996.

List of Subjects in 47 CFR Part 1

    Communications common carriers.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-4182 Filed 2-22-96; 8:45 am]
BILLING CODE 6712-01-P