[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Page 52904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19746]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 97-90; CCB/CPD File No. 97-12; DA 04-2055]


Requests of US West Communications, Inc. for Interconnection Cost 
Adjustment Mechanisms; Petition for Declaratory Ruling and Contingent 
Petition for Preemption

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: By this Order, the Wireline Competition Bureau dismisses 
without prejudice a joint Petition for Declaratory Ruling and 
Contingent Petition for Preemption filed by Electric Lightwave, Inc., 
McLeod USA Telecommunications Services, Inc., and NEXTLINE 
Communications, L.L.C. (Petitioners) asking the Commission to declare 
that the Interconnection Cost Adjustment Mechanism (ICAM) surcharges 
proposed by US West (now Qwest) violate the Communications Act of 1934, 
as amended. The petition is dismissed without prejudice unless any 
interested party comments within 30 days that there is still a genuine 
dispute that remains to be resolved.

DATES: Comments are due: September 29, 2004. Reply comments are due: 
October 14, 2004.

ADDRESSES: All filings must be sent to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, Room TW-A325, 445 Twelfth Street, SW., Washington, DC 
20554. Filings may also be submitted using the Commission's Electronic 
Comment Filing System (ECFS) by sending an electronic file via the 
Internet to http://www.fcc.gov/cgb/ecfs/. Filings should reference CC 
Docket No. 97-90.

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

SUPPLEMENTARY INFORMATION: The Order dismisses without prejudice joint 
Petitioners' request that the Commission declare that the ICAM 
surcharges proposed by US West (now Qwest) in each of the fourteen 
states in which it provides telecommunications services violate the 
cost-based interconnection standards of the Communications Act of 1934, 
as amended. The Order also dismisses Petitioners' request that the 
Commission initiate proceedings to preempt any state commission action 
allowing US West to implement ICAM surcharges. Qwest never pursued 
recovery of interconnection costs through ICAM surcharges, instead 
recovering them through a separate unbundled network element operations 
support system charge or a local interconnection service charge. 
Therefore, there appears to be no remaining controversy, and the 
petition is dismissed without prejudice unless any interested party 
provides notice within 30 days that there is still a genuine dispute 
that remains to be resolved.
    This is a summary of the Bureau's Order in CC Docket No. 97-90, 
adopted on July 9, 2004. The complete text of the Order is available 
for public inspection Monday through Thursday from 8 a.m. to 4:30 p.m. 
and Friday from 8:00 a.m. to 11:30 a.m. in the Commission's Consumer 
and Governmental Affairs Bureau, Reference Information Center, Room CY-
A257, 445 Twelfth Street, SW., Washington, DC 20554. The complete text 
is available also on the Commission's Internet site at http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365. The complete text of the Order may be purchased from the 
Commission's duplicating contractor, Best Copying and Printing, Inc., 
Room CY-B402, 445 Twelfth Street, SW., Washington, DC 20554, telephone 
(202) 488-5300, facsimile (202) 488-5563 or e-mail at http://www.bcpiweb.com.

Federal Communications Commission
Jeffrey J. Carlisle,
Chief, Wireline Competition Bureau.
[FR Doc. 04-19746 Filed 8-27-04; 8:45 am]
BILLING CODE 6712-01-P