[Federal Register Volume 69, Number 8 (Tuesday, January 13, 2004)]
[Notices]
[Pages 1983-1984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-666]


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FEDERAL COMMUNICATIONS COMMISSION

[WC Docket No. 03-266; DA 04-1]


Level 3 Petition for Forbearance From Assessment of Access 
Charges on Voice-Embedded IP Communications

AGENCY: Federal Communications Commission.

ACTION: Notice of comment dates.

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SUMMARY: This document requests comment on Level 3's petition for 
forbearance from assessment of access charges on voice-embedded IP 
communications. To assist the agency in determining whether to grant or 
deny Level 3's petition, comments from interested parties are being 
sought. This document provides the dates by which interested parties 
may file comments and reply comments.

DATES: The agency must receive comments on or before March 1, 2004, and 
reply comments on or before March 31, 2004.

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

FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition 
Bureau, Pricing Policy Division, (202) 418-1530.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, WC Docket No. 03-266, released January 2, 2004. On December 23, 
2003, Level 3 Communications LLC (Level 3) filed a petition for 
forbearance pursuant to section 10 of the Communications Act of 1934, 
as amended (the Act), requesting the Commission to forbear from 
application of section 251(g) of the Act, 47 U.S.C. 251(g), the 
exception clause of section 51.701(b)(1) of the Commission's rules, 47 
CFR 51.701(b), and section 69.5(b) of the Commission's rules, 47 CFR 
69.5(b), to the extent those provisions could be interpreted to permit 
local exchange carrier (LECs) to impose interstate or intrastate access 
charges on Internet protocol (IP) traffic that originates or terminates 
on the public switched telephone network (PSTN), or on PSTN-PSTN 
traffic that is incidental thereto. Level 3 excludes from its 
forbearance request geographic service areas of incumbent LECs that 
currently are exempt from section 251(c) pursuant to section 
251(f)(1)'s rural exemption. 47 U.S.C. 251(c) and (f)(1). Level 3 
argues that grant of this forbearance request while the Commission 
completes its reform of intercarrier compensation will allow IP 
communications that embed voice applications (voice-embedded IP) to 
develop with the cleanest regulatory slate possible, and will result in 
needed regulatory certainty, increased investment, product and 
technology innovation, and increased deployment of advanced services. 
Upon grant of its petition, Level 3 asserts that voice-embedded IP-PSTN 
traffic would be exchanged between a LEC and a telecommunications 
carrier serving a voice-embedded IP service provider pursuant to 
section 251(b)(5) of the Act and Subpart H of part 51 of the 
Commission's rules. 47 U.S.C. 251(b)(5); 47 CFR part 51 Subpart H.
    Interested parties may file comments on or before March 1, 2004, 
and reply comments on or before March 31, 2004. 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/cgb/ecfs/. Generally, only one 
copy of an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of a 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 appear in the caption of a 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, Natek, 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, Office 
of the

[[Page 1984]]

Secretary, Federal Communications Commission.
    Parties are strongly encouraged to file comments electronically 
using the Commission's Electronic Comment Filing System (ECFS). Parties 
are also requested to send a courtesy copy of their comments via email 
to [email protected].
    Two (2) copies of the comments and reply comments should also be 
sent to Chief, Pricing Policy Division, Wireline Competition Bureau, 
Federal Communications Commission, 445 12th Street, SW., Room 5-A221, 
Washington, DC 20554. Parties shall also serve one copy with Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, (202) 863-2893, or via email to 
<[email protected].
    Documents in WC Docket No. 03-266, including the Level 3 Petition, 
are available for public inspection and copying during business hours 
at the FCC Reference Information Center, Portals II, 445 12th St. SW., 
Room CY-A257, Washington, DC 20554. The documents may also be purchased 
from Qualex International, telephone (202) 863-2893, facsimile (202) 
863-2898.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200, 1.1206. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substance of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented generally is required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
section 1.1206(b) of the Commission's rules.

Federal Communications Commission.
William F. Maher, Jr.,
Chief, Wireline Competition Bureau.
[FR Doc. 04-666 Filed 1-12-04; 8:45 am]
BILLING CODE 6712-01-U