*Pages 1--2 from Microsoft Word - 12716.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 01- 2514 Released: November 8, 2001 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON US LEC PETITION FOR PREEMPTION PURSUANT TO 47 U. S. C. § 252( e)( 5) CC Docket No. 01- 268 COMMENTS: November 19, 2001 REPLY COMMENTS: November 28, 2001 On September 25, 2001, US LEC of Virginia L. L. C. (US LEC) filed a petition seeking preemption of jurisdiction of the Virginia State Corporation Commission (Virginia Commission) pursuant to section 252( e)( 5) of the Communications Act, and section 51.803 of the FCC’s rules and regulations. US LEC requests that the Commission issue an order preempting jurisdiction of the Virginia Commission in an interconnection dispute between US LEC and Verizon- Virginia Inc. (Verizon) regarding reciprocal compensation. Under section 252( e)( 5), the Commission must act upon a carrier’s preemption petition within 90 days of receiving notice of a state commission’s failure to act with respect to an interconnection dispute. On November 6, 2001, US LEC provided the Commission such notice, indicating that the Virginia Commission had recently issued a final order dismissing without prejudice US LEC’s petition for declaratory judgment regarding its interconnection dispute with Verizon. 1 We consider the November 6, 2001, filing as triggering the statutory 90- day period provided in section 252( e)( 5) and therefore shall issue an order regarding US LEC’s preemption request on or before February 4, 2002. Interested parties may file comments regarding the US LEC petition no later than November 19, 2001, with the Secretary, FCC, in accordance with the Commission’s revised policy governing deliveries to the agency. Oppositions or responses to these comments may be filed with the Secretary, FCC no later than November 28, 2001. All pleadings are to reference CC Docket No. 01- 268. 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. We also request that parties send an electronic courtesy copy of all filings via email to the contact person listed at the end of this notice. The full text of this document is available for public inspection and copying during regular 1 See Supplemental Submission in Further Support of Petition of US LEC of Virginia L. L. C. Pursuant to Section 253( e)( 5) of the Communications Act, filed November 6, 2001. 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 business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY- A257, Washington, DC, 20554. This document may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e-mail qualexint@ aol. com. 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 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