[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Proposed Rules]
[Pages 2862-2863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1195]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 61, and 69

[CC Docket Nos. 96-262, 94-1, 98-157, and CCB/CPD File No. 98-63; DA 
04-31]


Parties Asked To Refresh Record Regarding Reconsideration of 
Rules Adopted in 1999 Access Reform Docket

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission invites parties that filed 
petitions for reconsideration and clarification of rules that the 
Commission adopted in the 1999 access charge reform docket to update 
the record. These parties may file any new information or arguments 
that they believe to be relevant to deciding only those issues that 
they previously raised in their petitions. Because the petitions for 
reconsideration and clarification were filed several years ago, the 
intervening developments and passage of time may have caused the record 
to become stale. If these parties do not indicate an intent to pursue 
their previous petitions, the Commission will deem them withdrawn and 
will dismiss them.

DATES: Comments are due on or before February 20, 2004, and reply 
comments are due on or before March 8, 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 Public Notice that 
the Commission released on January 8, 2004. In that document, the 
Commission invites parties to refresh the 1999 Access Reform Docket, CC 
Docket Nos. 96-262, 94-1, 98-157, and CCB/CPD File No. 98-63 adopted 
August 5, 1999, and released August 27, 1999. When filing comments and 
reply comments, parties should reference CC Docket Nos. 96-262, 94-1, 
98-157, and CCB/CPD File No. 98-63, 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 Deena Shetler, Deputy 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 and 
clarification filed by the parties in

[[Page 2863]]

CC Docket Nos. 96-262, 94-1, 98-157, and CCB/CPD File No. 98-63 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. The Commission on January 8, 2004, released a Public Notice that 
seeks to refresh the record in the 1999 Access Reform Docket. In this 
docket, the Commission on August 27, 1999 released the Access Reform 
Fifth Report and Order, published at 64 FR 60122 (November 4, 1999) in 
CC Docket Nos. 96-262, 94-1, 98-157, and CCB/CPD File No. 98-63, FCC 
99-206. This order established a framework for granting greater pricing 
flexibility for price cap carriers as competition develops. Bell 
Atlantic, GTE, Access Solutions Corporation, and the United States 
Telephone Association subsequently filed petitions for reconsideration 
and clarification of that order.
    2. Since then, the Commission has received and granted a number of 
petitions seeking pricing flexibility. In addition, AT&T recently asked 
the Commission to revisit pricing flexibility issues, and parties have 
responded by filing extensive comments.
    3. Because the petitions for reconsideration and clarification were 
filed several years ago, the intervening developments and passage of 
time may have rendered the records developed by those petitions stale. 
Issues raised in the pending petitions may have become moot or 
irrelevant. As a result, it is not clear what issues arising out of the 
Access Reform Fifth Report and Order, if any, remain in dispute.
    4. For these reasons, the Commission requests that parties that 
filed petitions for reconsideration and clarification of the Access 
Reform Fifth Report and Order now file a supplemental notice indicating 
those issues that they still wish to be reconsidered or clarified. 
These parties may refresh the record with any new information or 
arguments that they believe to be relevant to deciding only those 
issues that they previously raised in their petitions for 
reconsideration and clarification. To the extent that these parties do 
not indicate an intent to pursue these petitions, the Commission will 
deem them withdrawn and will dismiss them.

Federal Communications Commission.
Tamara Preiss,
Division Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 04-1195 Filed 1-20-04; 8:45 am]
BILLING CODE 6712-01-P