*Pages 1--2 from Microsoft Word - 34271* 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 03- 3991 RELEASED: December 16, 2003 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON BELLSOUTH’S REQUEST FOR DECLARATORY RULING THAT STATE COMMISSIONS MAY NOT REGULATE BROADBAND INTERNET ACCESS SERVICES BY REQUIRING BELLSOUTH TO PROVIDE SUCH SERVICES TO CLEC VOICE CUSTOMERS WC DOCKET NO 03- 251 Comments Due: January 15, 2004 Reply Comments Due: January 30, 2004 On December 9, 2003, BellSouth Telecommunications, Inc. (BellSouth) filed a request for declaratory ruling that the state commissions may not regulate broadband Internet access services by requiring BellSouth to provide wholesale or retail broadband services to voice service customers of competitive local exchange carriers (CLECs) using unbundled network elements (UNEs). BellSouth requests that the Commission issue an expedited declaratory ruling specifying that: (1) state commission decisions requiring incumbent local exchange carriers (ILECs) to provide broadband Internet access to CLEC UNE voice service customers are contrary to the Triennial Review Order and thus must be preempted; (2) state commission decisions requiring the provision of broadband Internet access to CLEC UNE voice service customers impose state regulation on interstate information services in contravention of this Commission’s Computer Inquiry decisions; and (3) state commission decisions specifying the terms and conditions under which ILECs provide federally tariffed broadband transmission either on its own or as part of a broadband information service intrude on this Commission’s exclusive authority over interstate telecommunications and thus are unlawful. 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). Pursuant to Section 1.415 and 1.419 of the Commission’s rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on the petition for forbearance or before January 15, 2004 and reply comments of or before January 30, 2004. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Suite TW- A325, Washington, DC 20554. Two (2) courtesy copies must be delivered to Janice M. Myles, Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12 th Street, SW, Suite 5- C327, Washington, DC 20554 and one (1) copy must be sent to Qualex International, Portals II, 1