[Federal Register: August 17, 2004 (Volume 69, Number 158)]
[Notices]
[Page 51081-51082]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au04-56]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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will consider such petitions withdrawn and will dismiss them.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,
jennifer.mckee@fcc.gov.
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 ecfs@fcc.gov, 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 jennifer.mckee@fcc.gov. 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
fcc@bcpiweb.com.
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
fcc@bcpiweb.com.
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