*Pages 1--2 from Microsoft Word - 9390.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., SW Washington, D. C. 20554 DA 01- 1348 Released: June 4, 2001 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON MPOWER PETITION FOR FORBEARANCE AND RULEMAKING CC Docket No. 01- 117 COMMENTS July 3, 2001 REPLY COMMENTS July 18, 2001 On May 25, 2001, Mpower Communications Corp. (Mpower) filed a petition for forbearance and rulemaking requesting that the Commission establish a new flexible contract mechanism, which would be in addition to the UNE “safety net.” Mpower calls this mechanism a “FLEX contract.” According to Mpower, “FLEX contracts” would encourage incumbent local exchange carriers (ILECs) and competitive local exchange carriers (CLECs) to negotiate wholesale package deals that any similarly situated CLEC could opt in on a fair and non- discriminatory basis. Mpower requests that for FLEX contracts, the Commission: (1) forbear from application or enforcement of section 252( i) “pick and choose” requirements; (2) forbear from application or enforcement of section 252( e) provisions regarding submission of FLEX contracts to state commissions for approval or enforcement; and (3) institute a rulemaking to establish a federal program for notification, opt- in, and enforcement of FLEX contracts. Interested parties may file comments regarding the Mpower petition no later July 3, 2001, with the Secretary, FCC at 445 12 th Street, SW, TW- B204, Washington, DC 20554. Oppositions or responses to these comments may be filed with the Secretary, FCC no later than July 18, 2001. All pleadings are to reference CC Docket No. 01- 117. Interested parties should file an original and seven copies of all pleadings. An additional copy of all pleadings must also be sent to Janice M. Myles, Common Carrier Bureau, FCC, Room 5- C327, 445 12 th Street, SW, TW- B204, Washington, DC 20554, and to the Commission’s contractor for public services records duplication, International Transcription Services, Inc. (ITS), 445 12 th Street, S. W., CY- B402, Washington, DC 20554. The Mpower petition is available for inspection and copying during normal business hours in the FCC’s Reference Center, Room CY- A257, 445 12 th Street, SW, TW- A325, Washington, DC 20554. Copies also can be obtained from ITS at 445 12 th Street, S. W., CY- B402, Washington, DC 20554, or by calling ITS at (202) 857- 3800 or faxing ITS at (202) 857- 3805. Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ efcs. html. 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 for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov 1 - - 2 comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e-mail to efcs@ fcc. gov, and should include the following words in the body of the message, “get form