[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Proposed Rules]
[Pages 41883-41884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19633]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter 1

[WT Docket No. 99-217; FCC 99-141]


Promotion of Competitive Networks in Local Telecommunications 
Markets

AGENCY: Federal Communications Commission.

ACTION: Notice of inquiry.

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SUMMARY: In this Notice of Inquiry, the Commission initiates a 
proceeding intended to facilitate the development of competitive 
telecommunications networks that will provide consumers with 
alternatives to services provided by the incumbent wireline local 
exchange carriers (LECs). In particular, the Commission seeks comment 
on the following issues: reasonable and nondiscriminatory access to 
public rights-of-way and competitively neutral state and local 
taxation. A companion Notice of Proposed Rulemaking and a Third Further 
Notice of Proposed Rulemaking are summarized elsewhere in this issue of 
the Federal Register.

DATES: Comments are due August 13, 1999; Reply comments are due 
September 3, 1999.

ADDRESSES: Parties who choose to file comments by paper should send 
comments to the Commission's Secretary, Magalie Roman Salas, Office of 
the Secretary, Federal Communications Commission, 445 Twelfth Street, 
S.W.; TW-A325; Washington, D.C. 20554. Comments filed through the 
Commission's Electronic Comment Filing System (ECFS) can be sent as an 
electronic file via the Internet to <http://www.fcc.gov/e-file/
ecfs.html>. See SUPPLEMENTARY INFORMATION for additional information 
about paper and electronic filing.

FOR FURTHER INFORMATION CONTACT: Jeff Steinberg at (202) 418-0896 or 
Joel Taubenblatt at (202) 418-1513 (Wireless Telecommunications 
Bureau).

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Inquiry 
in WT Docket No. 99-217 (the ``Notice''), FCC 99-141, adopted June 10, 
1999 and released July 7, 1999. The complete text of the Notice is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street, S.W., Washington, D.C. and 
also may be purchased from the Commission's copy contractor, 
International Transcription Services, (202) 857-3800, 445 12th Street, 
S.W., CY-B400, Washington, D.C. 20554. The document is also available 
via the Internet at <http://www.fcc.gov/Bureaus/Wireless/Orders/1999/
index.html>.

Introduction

    1. This Notice is part of a larger item that seeks comments and 
initiates an inquiry in order to further the Commission's ongoing 
efforts to promote facilities-based competition in the local telephone 
market. The larger item addresses several issues that are not squarely 
before the Commission in pending proceedings. In particular, this 
Notice initiates an inquiry regarding reasonable and nondiscriminatory 
access to public rights-of-way and competitively neutral State and 
local taxation.

Background

    2. In the Telecommunications Act of 1996, codified at 47 U.S.C. 151 
et seq., Congress included provisions intended to facilitate 
competition with the incumbent LECs through three entry strategies: 
resale of the incumbent LEC's services, leasing of unbundled network 
elements, and use of a new entrant's own facilities. To date, the 
Commission's efforts to facilitate local competition pursuant to these 
provisions of the Act have generally encompassed all three of these 
means of entry. Carriers who provide service by any of the three means 
of competitive entry have the potential to bring many of the benefits 
of competition to local exchange markets, and the Commission recognizes 
it should continue to facilitate competitive entry by all means. 
However, in the long term, the most substantial benefits to consumers 
will be achieved through facilities-based competition. Only facilities-
based competitors can break down the incumbent LECs' bottleneck control 
over local networks and provide services without having to rely on 
their rivals for critical components of their offerings. Moreover, only 
facilities-based competition can fully unleash competing providers' 
abilities and incentives to innovate, both technologically and in 
service development, packaging, and pricing.

Discussion

    3. This Notice initiates an inquiry that will develop a record on 
the effect of state and local rights-of-way and tax policies on 
facilities-based competition. The Notice states that the Commission

[[Page 41884]]

intends to work with the State and Local Government Advisory Committees 
and with representatives of the industry to consider these issues.

Filing Procedures

    4. Pursuant to 47 CFR 1.415, 1.419, 1.430, interested parties may 
file comments on or before August 13, 1999, and reply comments on or 
before September 3, 1999. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24,121 
(1998).
    5. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit 
electronic comments by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply.
    6. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear in the caption of this proceeding, commenters must submit 
two additional copies for each additional docket or rulemaking number. 
All filings must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, 445 
12th Street, S.W., TW-A325, Washington, D.C. 20554.
    7. Regardless of whether parties choose to file electronically or 
by paper, parties should also file one copy of any documents filed in 
this docket with the Commission's copy contractor, International 
Transcription Services, Inc., 445 12th Street, S.W., CY-B400, 
Washington, D.C. 20554. Comments and reply comments will be available 
for public inspection during regular business hours in the FCC 
Reference Center, 445 12th Street, S.W., Washington, D.C. 20554.
    8. Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with 47 CFR 1.49, and all other 
applicable sections of the Commission's rules. The Commission also 
directs all interested parties to include the name of the filing party 
and the date of the filing on each page of their comments and reply 
comments. All parties are encouraged to utilize a table of contents, 
regardless of the length of their submission.

Federal Communications Commission.
William F. Caton,
Deputy, Secretary.
[FR Doc. 99-19633 Filed 7-30-99; 8:45 am]
BILLING CODE 6712-01-P