*Pages 1--2 from Microsoft Word - 8912.doc* DA 01- 1168 May 7, 2001 Verizon and Citizens Communications Company Petition for Waiver of Section 61.48( o)( 2) CCB/ CPD 01- 11 Pleading Cycle Established COMMENTS: May 14, 2001 REPLY COMMENTS: May 21, 2001 On April 30, 2001, Verizon and Citizens Communications Company (Citizens), by respective counsels, filed a petition requesting a waiver to extend the provisions of Section 61.48( o)( 2) of the Commission’s rules, 47 C. F. R. § 61. 48( o)( 2). Verizon and Citizens, prior to April 1, 2000, entered into a binding and executed contract of sale between Verizon and Citizens of certain properties until all of the properties are transferred to Citizens. Both companies expected the sales to be completed during the 2000 tariff year (i. e., by June 30, 2001), choosing to follow the methodology mandated in § 61.48( o)( 2) and the rate blending detailed in the Nakahata Letter of the Sixth Report and Order (CALLS Order). 1 The parties may not be able to close the transaction by that date, because they are still waiting for approval of the transfer by the California Public Utilities Commission. Verizon and Citizens do not believe that a waiver request is needed to continue using the Target Rate of $0.0095 for the Average Traffic Sensitive (ATS) rates for those properties in the 2001 annual filing, or to use this rate after Citizens acquires the properties. The parties are filing this waiver to eliminate any potential uncertainty about the application of the Commission’s price cap rules to this transaction. Verizon and Citizens assert that by granting this waiver, the Commission will avoid having the Target Rate for ATS minutes of use associated with those properties reduced from $0.0095 to $0.0055 and be consistent with the directions set forth in the Calls Order seeking to avoid rate churn and customer confusion. The completion of the sales is anticipated during the next tariff year. This matter shall be treated as a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. See 47 C. F. R. §§ 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 C. F. R. § 1.1206( b). Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in Section 1.1206( b) of the Commission’s rules, 47 C. F. R. § 1.1206( b). 1 CC Docket Nos. 96- 262 and 94- 1, Sixth Report and Order, supra. at ¶ 180, rel. May 31, 2000, FCC 00-103. 1 Interested parties may file comments no later than May 14, 2001. Reply comments may be filed no later than May 21, 2001. When filing comments, please reference the internal file number: CCB/ CPD No. 01- 11. An original and four copies of all comments and reply comments must be filed with the Office of the Secretary, Federal Communications Commission, 445 – 12 th Street, S. W., TW- A225, Washington, D. C. 20554. In addition, one copy of each pleading must be filed with International Transcription Services (ITS), the Commission’s duplicating contractor, at its office at 1231 – 20 th Street, N. W., Washington, D. C. 20036, and one copy with the Chief, Competitive Pricing Division, 445 – 12 th Street, S. W., TW- A225, Washington, D. C. 20554. For further information, contact Wanda M. Harris, Competitive Pricing Division, Common Carrier Bureau, (202) 418- 1530. - FCC - 2