*Pages 1--2 from Microsoft Word - 14313.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 02- 165 RELEASED: January 18, 2002 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON KMC TELECOM PETITION FOR PREEMPTION PURSUANT TO SECTION 252( E)( 5) CC DOCKET NO. 02- 5 Comments Due: January 30, , 2002 Reply Comments Due: February 7, 2002 On January 10, 2002, KMC Telecom of Virginia, Inc., KMC Telecom IV of Virginia, Inc., and KMC Telecom V of Virginia, Inc. (collectively KMC) filed a petition pursuant to section 252( e)( 5) of the Communications Act and section 51.803 of the Commission’s rules for preemption of the jurisdiction of the Virginia State Corporation Commission (Virginia Commission). KMC requests that the Commission issue an order preempting the jurisdiction of the Virginia Commission in an interconnection dispute between KMC and Verizon- Virginia, Inc.( f/ k/ a Bell Atlantic Virginia, Inc.) (Verizon). KMC specifically requests that the Commission issue a preemption order and assume jurisdiction over KMC’s reciprocal compensation dispute with Verizon, and allow KMC to file a formal complaint with the Commission seeking reciprocal compensation for the transport and termination of local telecommunications traffic, including, but not limited to, traffic bound for Internet service providers under the parties’ interconnection agreements. 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, 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 generally is 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). Interested parties may file comments on the Petition for preemption on or before January 30, 2002 and reply comments on or before February 7, 2002. 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: . In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the docket number of this proceeding. Only one copy of an electronic submission must be filed. 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< your e- mail address>.” A sample form and directions will be sent in reply. 1 2 Parties that choose to file by paper must file an original and four copies. Parties are notified that effective December 18, 2001, the Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at a new location in downtown Washington, DC. The address is 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The filing hours at this location will be 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. This facility is the only location where hand- delivered or messenger- delivered paper filings for the Commission's Secretary will be accepted. Accordingly, the Commission will no longer accept these filings at 9300 East Hampton Drive, Capitol Heights, MD 20743. In addition, this is a reminder that, effective October 18, 2001, the Commission discontinued receiving hand- delivered or messenger-delivered filings for the Secretary at its headquarters location at 445 12th Street, SW, Washington, DC 20554. Other messenger- delivered documents, including documents sent by overnight mail (other than United States Postal Service (USPS) Express Mail and Priority Mail), must be addressed to 9300 East Hampton Drive, Capitol Heights, MD 20743. This location will be open 8: 00 a. m. to 5: 30 p. m. The USPS first- class mail, Express Mail, and Priority Mail should continue to be addressed to the Commission's headquarters at 445 12th Street, SW, Washington, DC 20554. The USPS mail addressed to the Commission's headquarters actually goes to our Capitol Heights facility for screening prior to delivery at the Commission. If you are sending this type of document or using this delivery method… It should be addressed for delivery to… Hand- delivered or messenger- delivered paper filings for the Commission’s Secretary 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002 (8: 00 to 7: 00 p. m. Other messenger- delivered documents, including documents sent by overnight mail (other than United States Postal Service Express Mail and Priority Mail) 9300 East Hampton Drive, Capitol Heights, MD 20743 (8: 00 a. m. to 5: 30 p. m.) United States Postal Service first- class mail, Express Mail, and Priority Mail 445 12 th Street, SW Washington, DC 20554 Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC, 20554. They 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. For further information regarding this proceeding contact Janice M. Myles, Policy and Program Planning Division, Common Carrier Bureau, (202) 418- 1580. - FCC - 2