[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Pages 51080-51081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18803]


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FEDERAL COMMUNICATIONS COMMISSION

[CCB/CPD 97-39, 97-41, DA 04-2474]


Petitions for Waiver of 6.5 Percent Price Cap Local Exchange 
Carrier X-Factor

AGENCY: Federal Communications Commission.

ACTION: Notice, termination of proceeding.

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SUMMARY: This document provides notice of the termination of the 
petitions for waiver of the 6.5 percent productivity-based ``X-factor'' 
for price cap local exchange carriers adopted by the Commission in a 
1997 order. The petitions for waiver have been withdrawn by the 
petitioners.

DATES: Effective September 16, 2004, unless the Wireline Competition 
Bureau receives an opposition to the termination prior to that date.

ADDRESSES: Oppositions to the proceeding termination should be mailed 
to the Commission's Secretary through the Commission's contractor, 
Natek, Inc., at 236 Massachusetts Avenue, NE., Suite 110, Washington, 
DC 20002.

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

SUPPLEMENTARY INFORMATION: On July 14, 1997, Citizens Utilities Company 
(Citizens) filed an emergency petition for waiver of the Commission's 
rules requiring it to apply a productivity X-factor of 6.5 percent 
under the price cap rules as established in the 1997 Price Cap Review 
Order, 62 FR 31939, June 11, 1997. On August 13, 1997, the Southern New 
England Telephone Company (SNET) also filed a petition for waiver and/
or amendment of the Commission's rules establishing a 6.5 percent 
productivity X-factor. On October 7, 2003, SBC, SNET's parent company, 
filed a request to withdraw its petition. On August 2, 2004, Citizens 
filed a request to withdraw its petition. The Citizens Petition and the 
SNET Petition are dismissed without prejudice. Since the filing of the 
Citizens Petition and the SNET Petition, the Commission has revised its 
rules regarding the 6.5 percent productivity X-factor. The changes to 
the Commission's X-factor rules and the passage of time have mooted the 
issues raised in the Citizens Petition and the SNET Petition. 
Therefore, these proceedings will be terminated effective 30 days after 
publication of this Public Notice in the Federal Register, unless

[[Page 51081]]

the Wireline Competition Bureau receives an opposition to the 
terminations before that date.
    Parties filing oppositions to the termination of these proceedings 
must file an original and four copies of each filing. The filings 
should reference CCB/CPD File No. 97-39 for the Citizens Petition, and 
CCB/CPD File No. 97-41 for the SNET Petition. 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, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, Room TW-A325, 445 12th Street, SW., Washington, DC 20554. 
Parties should also send a copy of their filings to Jennifer McKee, 
Pricing Policy Division, Wireline Competition Bureau, Federal 
Communications Commission, Room 5-A263, 445 12th Street, SW., 
Washington, DC 20554, or by e-mail to [email protected]. Parties 
shall also serve one copy with the Commission's copy contractor, Best 
Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
[email protected].

    Authority: 47 U.S.C. 152, 154, 155, 303; 47 CFR 0.291, 1.749.

Federal Communications Commission.
Jeffrey J. Carlisle,
Acting Chief, Wireline Competition Bureau.
[FR Doc. 04-18803 Filed 8-16-04; 8:45 am]
BILLING CODE 6712-01-P