[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Notices]
[Page 54227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23544]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-2779]


Bureau Seeks Comment on AT&T Corporation's Petition for 
Preemption, Pursuant to the Communications Act and Common Law 
Principles, of South Carolina Statutes That Established an Interim LEC 
Fund

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, the Wireline Competition Bureau seeks 
comment on AT&T's Petition. On October 7, 2002, AT&T Corporation (AT&T) 
filed with the Commission a petition seeking preemption of the South 
Carolina statutes and administrative procedures that established the 
Interim Local Exchange Carrier Fund.

DATES: Submit comments on or before November 17, 2003, and reply 
comments on or before December 15, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554, Room TW-B204. See SUPPLEMENTARY INFORMATION for 
further filing instructions.

FOR FURTHER INFORMATION CONTACT: Vickie Byrd, Telecommunications Access 
Policy Division, Wireline Competition Bureau, (202) 418-7400 TTY: (202) 
418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, CC Docket No. 96-45, released September 4, 2003. On October 7, 
2002, AT&T Corporation (AT&T) filed with the Commission a petition 
seeking preemption of the South Carolina statutes and administrative 
procedures that established the Interim Local Exchange Carrier (LEC) 
Fund. According to AT&T, the Interim LEC Fund, which began operating in 
1997, provides payments to incumbent LECs in return for decreasing 
their intrastate access charges. Pursuant to section 58-9-280 of the 
South Carolina Code Annotated, entities receiving an access or 
interconnection rate reduction from the LECs are required to contribute 
to the Interim LEC Fund. AT&T alleges that, since long distance 
providers, such as AT&T, pay a majority of the access charges, long 
distance providers are responsible for funding almost all of the 
Interim LEC Fund. AT&T contends that the Interim LEC Fund violates 
section 253(a) of the Communications Act of 1934, as amended (Act) 
because it discriminates against: (1) New entrants by limiting their 
ability to compete with the incumbent LECs receiving support from the 
Fund and (2) long distance providers by requiring only those providers 
to contribute to the Fund. AT&T also argues that the Fund does not 
qualify for preemption protection under section 253(b) of the Act 
because the Fund is not competitively neutral and not consistent with 
the requirements for federal universal service programs set forth in 
section 254 of the Act. Accordingly, AT&T asks the Commission to 
preempt South Carolina's Interim LEC Fund. The Wireline Competition 
Bureau seeks comment on the AT&T Petition.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules 
interested parties may file comments on or before November 17, 2003, 
and reply comments on or before December 15, 2003. 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 24121, May 1, 1998.
    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, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment 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.
    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 
appears in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission.
    Parties also must send three paper copies of their filing to Sheryl 
Todd, Telecommunications Access Policy Division, Wireline Competition 
Bureau, Federal Communications Commission, 445 12th Street SW., Room 5-
B540, Washington, DC 20554. In addition, commenters must send diskette 
copies to the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.
    Pursuant to Sec.  1.1206 of the Commission's rules this proceeding 
will be conducted as a permit-but-disclose proceeding in which ex parte 
communications are permitted subject to disclosure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-23544 Filed 9-15-03; 8:45 am]
BILLING CODE 6712-01-P