*Pages 1--3 from Microsoft Word - 10138.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp fcc gov DA 01- 1647 PARTIES ASKED TO REFRESH THE RECORD REGARDING RECONSIDERATION OF RULES ADOPTED IN THE 1997 UNIVERSAL SERVICE FIRST REPORT AND ORDER CC Docket No. 96- 45 Release Date: July 11, 2001 Comment Date: 30 days after publication in the Federal Register Reply Comment Date: 45 days after publication in the Federal Register Pursuant to section 1.106 of the Commission’s rules, which governs petitions for reconsideration, the Bureau invites interested parties to update the record pertaining to petitions for reconsideration filed with respect to the rules the Commission adopted in the First Report and Order in CC Docket No. 96- 45, Federal- State Joint Board on Universal Service. 1 On May 8, 1997, the Commission released the Universal Service First Report and Order as required by the 1996 Telecommunications Act. Many parties filed petitions for reconsideration of that order. Since then, there has been substantial litigation concerning many of the rules adopted in the Universal Service First Report and Order. 2 As a result, many of the issues raised in the petitions for reconsideration may no longer remain in dispute. The Commission has refrained from considering many of the petitions for reconsideration of the rules adopted in the Universal Service First Report and Order until most of the litigated issues were resolved. Now that issues in dispute have narrowed, the Commission will proceed to address petitions for reconsideration relating to rules that are not the subject of pending litigation. Because these petitions were filed several years ago, the passage of time and intervening developments may have rendered the records developed by those petitions stale. For example, in addition to the litigation mentioned above, the Commission has issued several orders on reconsideration of the Universal Service First Report and Order. 3 Moreover, some issues raised 1 Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service First Report and Order) (subsequent history omitted). 2 Texas Office of Public Utility Counsel v. FCC, 183 F. 3d 393 (5 th Cir. 1999), cert. denied, 120 S. Ct. 2212 (2000), cert. dismissed, 121 S. Ct. 423 (2000); Alenco Communications, Inc. v. FCC, 201 F. 3d 608 (5 th Cir. 2000). 3 See, e. g., Federal- State Joint Board on Universal Service; Access Cap Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, Fourth Order 1 in petitions for reconsideration may have become moot or irrelevant in light of intervening events. For these reasons, the Bureau requests that parties that filed petitions for reconsideration of the Universal Service First Report and Order in 1997 now file a supplemental notice indicating which of such issues they still wish to be reconsidered. In addition, parties may refresh the record with any new information or arguments 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 they will be dismissed. The refreshed record will enable the Commission to undertake appropriate reconsideration of its universal service rules. Interested parties may file comments updating their previously filed petitions for reconsideration no later than 30 days after publication of this Public Notice in the Federal Register, and reply comments on or before 45 days after publication of this Public Notice in the Federal Register. All filings are to reference CC Docket No. 96- 45. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24, 121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. 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 electronic comments by Internet e- mail. To receive 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