[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Pages 76468-76469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27876]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 98-98; DA 04-3678]


Parties Asked To Refresh the Record Regarding a Petition by the 
New York State Public Service Commission Seeking Broad Delegated 
Authority To Make Area Code Changes Outside the Context of Area Code 
Relief Planning

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: The Commission invites New York State Public Service 
Commission (NYPSC) to update the record pertaining to its petition 
seeking delegated authority to make area code changes outside the 
context of area code relief planning and invites interested parties to 
submit pleadings pertaining to the NYPSC petition.

DATES: Comments are due on or before January 4, 2005. Reply Comments 
are due on or before January 11, 2005.

ADDRESSES: Parties who choose to file by paper must file an original 
and four copies of each filing. All filings must be sent to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554. See SUPPLEMENTARY INFORMATION section for where and how to file 
comments.

FOR FURTHER INFORMATION CONTACT: Karen Franklin, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400 TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice released November 23, 2004 in CC Docket No. 98-98; DA 04-
3678. The full text of this document is available for public inspection 
during regular business hours in the FCC Reference Center, Room CY-
A257, 445 Twelfth Street, SW., Washington, DC 20554. Pursuant to Sec.  
1.1 of the Commission's rules, the Commission invites the NYPSC to 
update the record pertaining to its petition seeking delegated 
authority to make area code changes outside the context of area code 
relief planning and invites interested parties to submit pleadings 
pertaining to the NYPSC petition.
    In the Local Competition Second Report and Order, the Commission 
delegated authority to implement new area codes to state commissions in 
the context of area code relief planning. The Commission noted that 
state commissions are uniquely positioned to understand local 
conditions and what effect new area codes will have on those 
conditions. Each state's implementation method is, however, subject to 
the Commission's guidelines for numbering administration. Existing 
Commission guidelines, which were originally enumerated in the 
Ameritech Order, state that numbering administration should: (1) Seek 
to facilitate entry into the communications marketplace by making 
numbering resources available on an efficient and timely basis; (2) not 
unduly favor or disadvantage any particular industry segment or group 
of consumers; and (3) not unduly favor one technology over another.
    The NYPSC petitioned the Commission for delegated authority to make 
area codes changes outside the context of area code relief planning. 
Because the passage of time and intervening developments may have 
rendered the record developed for this petition stale, the Wireline 
Competition Bureau requests that the NYPSC identify whether the pursuit 
of area code relief outside the context of area code relief planning 
remains an issue. Also, some issues raised in the petition may have

[[Page 76469]]

become moot or irrelevant in light of intervening events.
    To the extent that intervening events may have materially altered 
the circumstances surrounding the petition or the relief sought by the 
NYPSC, the NYPSC may refresh the record with new information or 
arguments related to its original filing that it believes to be 
relevant to the issues. The previously filed petition will be deemed 
withdrawn and will be dismissed if the NYPSC does not indicate in 
writing an intent to pursue its petition.
    The NYPSC may update its previously filed comments on or before 
January 4, 2005. Reply Comments are due on or before January 11, 2005. 
All pleadings are to reference CC Docket No. 92-105. Comments may be 
filed using: (1) The Commission's Electronic Comment Filing System 
(ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by 
filing paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (May 1, 1998).
    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 this proceeding, however, 
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. 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.
    One (1) courtesy copy should also be sent to Sheryl Todd, Wireline 
Competition Bureau, FCC, Room 5-B540, 445 12th Street, SW., Washington, 
DC 20554. 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, Office of the Secretary, Federal Communications Commission.
    The original petition for reconsideration that the NYPSC filed in 
2001 is available for inspection and copying during business hours at 
the FCC Reference Information Center, Portals II, 445 12th St. SW., 
Room CY-A257, Washington, DC 20554. The document may also be purchased 
from Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., 
Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-
mail www.bcpiweb.com.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200 and 1.1206. 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 is generally required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
Sec.  1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).

Federal Communications Commission.
Narda M. Jones,
Chief, Telecommunications Access Policy Division.
[FR Doc. 04-27876 Filed 12-20-04; 8:45 am]
BILLING CODE 6712-01-P