[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Pages 18006-18007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7804]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 61, and 69

[CC Docket No. 96-128; DA 04-774]


Implementation of Pay Telephone Reclassification and Compensation 
Provisions of the Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; reply comment period extended.

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SUMMARY: On March 24, 2004, the Commission granted a request by Martha 
Wright et al. to extend the deadline for filing reply comments 
regarding a Petition For Rulemaking or, in the Alternative, Petition To 
Address Referral Issues In A Pending Rulemaking (Wright Petition) filed 
in CC Docket No. 96-128.

DATES: Reply comments are due on or before April 21, 2004.

ADDRESSES: Federal Communications Commission, Marlene H. Dortch, Office 
of the Secretary, 445 12th Street SW., TW-A325, Washington, DC 20554. 
See Supplementary Information for information on additional 
instructions for filing paper copies.

FOR FURTHER INFORMATION CONTACT: Joi Roberson Nolen, Wireline 
Competition Bureau, 202-418-1520.

SUPPLEMENTARY INFORMATION: On December 31, 2003, the Wireline 
Competition Bureau released the Wright Public Notice seeking comment on 
a Petition for Rulemaking or, in the Alternative, Petition to Address 
Referral Issues In a Pending Rulemaking (Wright Petition) filed by 
Martha Wright and other prison inmate and non-inmate petitioners 
(jointly, ``the Wright Petitioners''). The Wright Public Notice stated 
that comments would be due 20 days after publication of the public 
notice in the Federal Register, and reply comments would be due 30 days 
after Federal Register publication. The Federal Register published the 
Wright Public Notice on January 20, 2004. See Implementation of the Pay 
Telephone

[[Page 18007]]

Reclassification and Compensation Provisions of the Telecommunications 
Act of 1996, CC Docket No. 96-128, Notice of Proposed Rulemaking, 69 FR 
2697, January 20, 2004. Accordingly, comments were due by February 9, 
2004, and reply comments were due by February 19, 2004. The Bureau 
subsequently granted the joint request of Evercom Systems, Inc., T-
NETIX, Inc., and Corrections Corporation of America for a one-month 
extension of the deadline so that parties could file comments by March 
10, 2004, and reply comments by March 31, 2004. See Implementation of 
the Pay Telephone Reclassification and Compensation Provisions of the 
Telecommunications Act of 1996, CC Docket No. 96-128, Notice of 
Proposed Rulemaking; Comment Periods Extended, 69 FR 7615, February 18, 
2004.
    On March 16, 2004, the Wright Petitioners filed a motion to extend 
the deadline for filing reply comments in this proceeding. In their 
pleading, the Wright Petitioners contend that many of the oppositions 
submitted in response to the Wright Petition are supported by multiple 
expert affidavits and studies each of which will require time-consuming 
analysis and rebuttal by the Wright Petitioners' expert. The Wright 
Petitioners further assert that such analysis and rebuttal can not be 
completed in the current 15-day reply comment period. T-NETIX, a 
commenter in the proceeding, has consented to the motion. T-NETIX 
asserts that the extension is warranted given the extensive initial 
comments filed in response to the Wright Petition and the crucial legal 
and public policy issues at stake. No oppositions to the request for an 
extension of time have been filed.
    It is the policy of the Commission that extensions of time are not 
routinely granted. See 47 CFR 1.46(a). In this instance, however, the 
Bureau finds that the commenters have shown good cause for an extension 
of the deadline for filing comments and reply comments in this 
proceeding. Because of the complexity of the issues, the related 
necessary economic analysis, and the length of the pleadings, we grant 
a limited extension so that parties may file reply comments by April 
21, 2004. This matter shall continue to be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. See 47 CFR 1.1206. All other requirements discussed in the 
Federal Register publication of the Wright Public Notice remain in 
effect. See Implementation of the Pay Telephone Reclassification and 
Compensation Provisions of the Telecommunications Act of 1996, CC 
Docket No. 96-128, Notice of Proposed Rulemaking, 69 FR 2697, January 
20, 2004.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-7804 Filed 4-5-04; 8:45 am]
BILLING CODE 6712-01-P