*Pages 1--3 from Microsoft Word - 33956* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 03- 3832 Released: December 3, 2003 JOINT PETITION OF NORTHEAST NEBRASKA TELEPHONE COMPANY AND NEBCOM, INC. AND PETITIONS OF GREAT PLAINS COMMUNICATIONS, INC. AND THE NEBRASKA CENTRAL TELEPHONE COMPANY FOR WAIVER OF THE REQUIREMENT THAT A LOCAL EXCHANGE CARRIER VERIFY INBOUND REQUESTS OF CUSTOMERS WHO WANT TO CHANGE TO AN AFFILIATED INTEREXCHANGE CARRIER CC DOCKET NO. 94- 129 PLEADING CYCLE ESTABLISHED Comments Due: January 2, 2004 Reply Comments Due: January 20, 2004 On October 15, 2003, Northeast Nebraska Telephone Company and NebCom, Inc. filed a joint petition, and Great Plains Communications, Inc. (Great Plains), and The Nebraska Central Telephone Company (NCTC), filed petitions requesting waiver of the requirement that a local exchange carrier (LEC) verify the inbound carrier change requests when a customer seeks to switch to the LECs interexchange carrier affiliate. 1 These petitions for waiver relate to a series of Orders 2 addressing the unauthorized change in a subscriber’s selection of a provider of telephone exchange service or telephone toll service which 1 See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Third Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 68 Fed. Reg. 19152 & 19176 (rel. March 17, 2003). 2 Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Second Report and Order and Further Notice of Proposed Rule Making, 14 FCC Rcd 1508 (1998) (Second Report and Order), stayed in part, MCI WorldCom v. FCC, No. 99- 1125 (D. C. Cir. May 18, 1999) (Stay Order), motion to dissolve stay granted, MCI WorldCom v. FCC, No. 99- 1125 (D. C. Cir. June 27, 2000) (Order Lifting Stay). Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996; Policies and Rules Concerning 1 2 is prohibited under Section 258 of the Communications Act of 1934 (Act), as amended by the Telecommunications Act of 1996 (1996 Act). 3 Petitioners assert that waiver of the requirement that a LEC verify the inbound carrier change requests when a customer seeks to switch to the LECs interexchange carrier affiliate is warranted because Petitioners do not slam customers and do not act anticompetitively and such verification would adversely affect Petitioners’ ability to compete and would impose unwarranted costs on their companies and customers. Interested parties may file comments in this proceeding on or before January 2, 2004, and reply comments may be filed on or before January 20, 2004. When filing comments, please reference CC Docket No. 94- 129. 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. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to 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 ecfs@ fcc. gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Services mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Natek Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be secured with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, SW, Washington, DC 20554. All filings must be addressed to Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, First Order on Reconsideration, 15 FCC Rcd 8158 (2000). Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 and Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996 (2000) (Third Report and Order); Errata, DA 00- 2163 (rel. Sept. 25, 2000); Erratum, DA 00- 292 (rel. Oct. 4, 2000); Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Order, 16 FCC Rcd 4999 (2001). 3 47 U. S. C. § 258( a). Telecommunications Act of 1996, Pub. L. No. 104- 104, 110 Stat. 56 (1996). 2 3 the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Room TW- B204 Washington, DC 20554. Parties who choose to file by paper should also submit their comments on diskette. These diskettes should be submitted, along with three paper copies, to Perlesta Hollingsworth, Consumer & Governmental Affairs Bureau, Policy Division, 445 12 th Street, SW, Room 5B- 431, Washington DC 20554. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Word 97 or compatible software. The diskette should be accompanied by a cover letter and should be submitted in "read only" mode. The diskette should be clearly labeled with the commenter's name, proceeding (including the lead docket number in this case CC Docket No. 98- 67), type of pleading (comment or reply comment), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase "Disk Copy - Not an Original." Each diskette should contain only one party's pleadings, preferably in a single electronic file. In addition, commenters must send diskette copies to the Commission's copy contractor, Vistronix Inc., Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554. Pursuant to section 1.1206 of the Commission’s rules, 47 C. F. R. § 1.1206, this proceeding will be conducted as a permit- but- disclose proceeding in which ex parte communications are subject to disclosure. Copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554. The complete text of this Public Notice may be purchased from the Commission’s duplicating contractor, Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554, telephone (202) 863- 2893, facsimile (202) 863- 2898, or via e- mail qualexint@ aol. com. To request materials in accessible formats for individuals with disabilities (Braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0531 (voice), (202) 418- 7365 (TTY). This Public Notice can also be downloaded in Text and ASCII formats at: http:// www. fcc. gov/ cgb/ dro. For further information, please contact Perlesta Hollingsworth, Consumer & Governmental Affairs Bureau, Policy Division, at (202) 418- 7383, or email at Perlesta. Hollingsworth@ fcc. gov. -FCC- 3