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 Federal  Communications  Commission  DA  03-  4111 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 BellSouth  Telecommunications,  Inc.  Request  for  Declaratory  Ruling  that  State 
 Commissions  May  Not  Regulate  Broadband  Internet  Access  Services  by  Requiring 
 BellSouth  to  Provide  Wholesale  or  Retail  Broadband  Services  to  CLEC  UNE  Voice 
 Customers 


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 WC  Docket  No.  03-  251 


 ORDER 
 Adopted:  December  30,  2003  Released:  December  30,  2003 
 By  the  Chief,  Competition  Policy  Division: 
 Revised  Filing  Dates: 
 Comments  Due:  January  30,  2004  Reply  Comments  Due:  February  20,  2004 


 1.  On  December  16,  2003,  the  Commission  released  a  Public  Notice  seeking  comment  on  BellSouth  Telecommunications,  Inc.  ’s  (BellSouth)  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  using  unbundled  network  elements.  The  Public  Notice  stated  that  interested  parties  could  file  comments  on  or  before  January  15,  2004  and  reply 
 comments  on  or  before  January  30,  2004.  1 
 2.  On  December  23,  2003,  the  National  Association  of  Regulatory  Utility  Commissions  (NARUC)  filed  a  motion  to  extend  the  deadlines  for  filing  comments  and  reply 


 comments  in  this  proceeding.  2  In  its  pleading,  NARUC  requests  an  extension  of  time  in  order  to  “permit  more  substantive  and  complete  responses  on  the  complex  legal,  economic  and  policy 
 issues  raised  in  this  proceeding.”  3  NARUC  notes  that  the  existing  comment  cycle  runs  over  the  year-  end  holidays,  and  argues  that  parties,  particularly  state  commissions,  need  additional  time  to 
 evaluate  the  “complex  issues  regarding  the  allocation  of  jurisdiction  between  the  States  and  the 
 1  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,  Public  Notice,  DA  03-  3991  (rel.  Dec.  16,  2003). 


 2  NARUC  Motion  For  Extension  of  Time,  WC  Docket  No.  03-  251  (filed  Dec.  23,  2003). 
 3  Id.  at  1. 
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 Federal  Communications  Commission  DA  03-  4111 
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 Commission  to  regulate  facilities  that  are  used  to  provide  interstate  and  intrastate  services”  presented  in  the  “several  hundred  pages”  of  BellSouth’s  petition.  4 
 3.  It  is  the  policy  of  the  Commission  that  extensions  of  time  are  not  routinely  granted.  5  In  this  instance,  however,  the  Bureau  finds  that  NARUC  has  shown  good  cause  for  an 
 extension  of  the  deadline  for  filing  comments  and  reply  comments  in  this  proceeding.  Because  of  the  complexity  of  the  issues  and  the  intervening  holidays,  we  grant  a  limited  extension  so  that 
 parties  may  file  comments  on  or  before  January  30,  2004  and  reply  comments  on  or  before  February  20,  2004.  This  matter  shall  continue  to  be  treated  as  a  “permit-  but-  disclose” 
 proceeding  in  accordance  with  the  Commission’s  ex  parte  rules.  6  All  other  requirements  discussed  in  the  Public  Notice  remain  in  effect. 


 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  the  authority  delegated  under  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91,  0.291,  that  NARUC’s 
 Motion  for  Extension  of  Time  in  the  above-  captioned  proceeding  IS  GRANTED  to  the  extent  set  forth  herein. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Michelle  M.  Carey  Chief,  Competition  Policy  Division 


 4  Id.  at  2. 
 5  47  C.  F.  R.  §  1.46(  a). 
 6  47  C.  F.  R.  §  1.1206. 
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