[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Pages 51081-51082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18804]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket Nos. 94-1, 96-262; DA 04-2475]


Reconsideration of 1997 Price Cap Review Order

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document requests that parties that filed petitions for 
reconsideration of a 1997 Commission order adopting rules applicable to 
price cap local exchange carriers file supplemental notices indicating 
whether they wish to pursue any issues in those petitions. Subsequent 
rule changes may have mooted the issues in those petitions for 
reconsideration. To the extent parties do not indicate an intent to 
pursue their respective petitions for reconsideration, the Commission 
will consider such petitions withdrawn and will dismiss them.

DATES: Comments due September 16, 2004, and reply comments due Ocrober 
18, 2004.

ADDRESSES: Filings 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, 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Commission's rules governing 
petitions for reconsideration, 47 CFR 1.106, the Wireline Competition 
Bureau (the Bureau) invites interested parties to update the record 
pertaining to petitions for reconsideration filed with respect to the 
1997 Price Cap Review Order, 62 FR 31939, June 11, 1997.
    On May 21, 1997, the Commission released the 1997 Price Cap Review 
Order, which established a 6.5 percent productivity-based X-factor and 
eliminated the sharing requirements in the Commission's price cap 
rules. Several parties filed petitions for reconsideration of that 
order. Since then the rules adopted in the 1997 Price Cap Review Order 
have been the subject of both litigation and additional orders, 
including the CALLS Order, 65 FR 38684, June 21, 2000. Issues raised in 
the pending petitions for reconsideration may therefore have become 
moot or irrelevant. As a result, it is not clear what issues arising 
out of the 1997 Price Cap Review 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. Finally, because the petitions for reconsideration were 
filed several years ago, the passage of time and intervening 
developments may have rendered the records developed by those petitions 
stale.
    For these reasons, the Bureau requests that parties that filed 
petitions for reconsideration of the 1997 Price Cap Review Order now 
file a supplemental notice indicating those issues that they still wish 
to be reconsidered. In addition, parties may refresh the record with 
any new information or arguments that they believe to be relevant to 
deciding such issues. To the extent parties do not indicate an intent 
to pursue their respective petitions for reconsideration, the 
Commission will deem such petitions withdrawn and will dismiss them. 
The refreshed record will enable the Commission to undertake 
appropriate reconsideration of its price cap and access charge rules.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments on or before 
September 16, 2004, and reply comments on or before October 18, 2004. 
Comments 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/. Generally, only one copy of an electronic 
submission must be filed. If multiple docket or rulemaking numbers 
appear in the caption of the proceeding, 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, in this case, 
CC Docket Nos. 94-1 and 96-262. 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 appears in the caption of 
this proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number.

[[Page 51082]]

    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].
    The original petitions for reconsideration filed by the parties in 
CC Docket Nos. 94-1 and 96-262 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 BCPI, telephone (202) 488-
5300, facsimile (202) 488-5563, TTY (202) 488-5562, or by e-mail at 
[email protected].
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200 et seq. 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. Other requirements 
pertaining to oral and written presentations are set forth in Sec.  
1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).

    Authority: 47 U.S.C. 152, 154, 155, 303; 47 CFR 0.291, 1.429.

Federal Communications Commission.
Jeffrey J. Carlisle,
Acting Chief, Wireline Competition Bureau.
[FR Doc. 04-18804 Filed 8-16-04; 8:45 am]
BILLING CODE 6712-01-P