[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Proposed Rules]
[Pages 2560-2561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-903]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 61 and 69

[CC Docket Nos. 96-262, 94-1, 91-213, 95-72; DA 03-3961]


Parties Asked To Refresh Record Regarding Reconsideration of 
Rules Adopted in 1997 Access Reform Docket

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission invites interested parties to 
update the record concerning petitions for reconsideration of rules 
that the Commission adopted in the 1997 access charge reform docket. 
Because the petitions for reconsideration were filed several years ago, 
passage of time and intervening developments may have caused the record 
developed by those petitions to become stale. If parties do not 
indicate an intent to pursue previous petitions for reconsideration, 
the Commission will deem them withdrawn and will dismiss them.

DATES: Comments are due on or before February 17, 2004, and reply 
comments are due on or before March 1, 2004.

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

FOR FURTHER INFORMATION CONTACT: Marvin F. Sacks, Attorney-Advisor, 
Wireline Competition Bureau, Pricing Policy Division, (202) 418-1520 or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: Below is a summary of the Commission's 
document in CC Docket Nos. 96-262, 94-1, 91-213, and 95-72 adopted 
December 15, 2003, and released December 15, 2003. When filing comments 
and reply comments, parties should reference CC Docket Nos. 96-262, 94-
1, 91-213, and 95-72, and conform to the filing procedures contained in 
the Notice. All pleadings may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. 
Comments filed through the ECFS can be sent as an electronic file via 
the Internet to http://www.fcc.gov/cgb/ecfs. Commenters must transmit 
one electronic copy of the comments to each docket 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 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 number appears in the caption of this proceeding, 
commenters must submit two additional copies for each additional docket 
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. The Commission advises 
that electronic media not be sent through USPS. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Suite TW-A325, 
Washington, DC 20554. Two (2) copies of the comments and reply comments 
should also be sent to Aaron Goldschmidt, Assistant Division Chief, 
Pricing Policy Division, Wireline Competition Bureau, Federal 
Communications Commission, 445 12th Street, SW., Room 5-A121, 
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 e-mail to 
[email protected]. The original petitions for reconsideration filed by 
the parties in CC Docket Nos. 96-262, 94-1, 91-213, and 95-72 are 
available for public inspection and copying during business hours at 
the FCC Reference Information Center, Portals II, 445 12th Street, 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 document may also be purchased from Qualex International 
and is available via the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3961A1.pdf

Synopsis

    1. After the Commission released the Access Charge Reform First 
Report and Order on May 16, 1997, published at 62 FR 31868 (June 11, 
1997) in CC Docket Nos. 96-262, 94-1, 91-213, and 95-72, FCC 97-158, 
several parties filed petitions for reconsideration of that

[[Page 2561]]

order. Since then, litigation and additional orders, including the 
Access Charge Reform Sixth Report and Order (CALLS Order), 65 FR 57739 
(September 26, 2000), have addressed access charge reform and the rules 
adopted in the Access Charge Reform First Report and Order. Issues 
raised in the pending petitions for reconsideration may, therefore, 
have become moot or irrelevant.
    2. As a result, it is not clear what issues arising out of the 
Access Charge Reform First Report and Order, if any, remain in dispute. 
Moreover, because the CALLS Order arose out of a voluntary proposal 
representing a large consensus in the industry, the earlier concerns 
raised by the petitions for reconsideration already may have been 
addressed. Furthermore, because the petitions for reconsideration were 
filed several years ago, the passage of time and intervening 
developments may have caused the record developed by those petitions to 
become stale.
    3. For these reasons, the Commission requests that parties that 
filed petitions for reconsideration of the Access Charge Reform First 
Report and Order now file a supplemental notice indicating those issues 
that they still wish to be reconsidered. In addition, these parties may 
refresh the record with any new information or arguments that they 
believe to be relevant to deciding those issues. If parties do not 
indicate an intent to pursue previous petitions for reconsideration, 
the Commission will deem them withdrawn and will dismiss them. The 
refreshed record will enable the Commission to undertake appropriate 
reconsideration of its access charge related rules.

Federal Communications Commission.
Aaron Goldschmidt,
Assistant Division Chief, Pricing Policy Division, Wireline Competition 
Bureau.
[FR Doc. 04-903 Filed 1-15-04; 8:45 am]
BILLING CODE 6712-01-P