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 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  04-  1052 
 April  19,  2004 


 ACS  WITHDRAWS  PETITION  FOR  RECONSIDERATION 


 CC  DOCKET  NO.  96-  98 
 On  April  12,  2004,  ACS  of  Alaska,  Inc.,  ACS  of  Fairbanks,  Inc.,  and  ACS  of  the  Northland,  Inc.  (ACS)  filed  a  letter  withdrawing  a  petition  for  reconsideration  of  the  Common 
 Carrier  Bureau’s  August  2001  Rural  Exemption  Order.  1  In  that  Order,  the  Bureau  had  denied  ACS’  petition  for  rulemaking  to  amend  section  51.405  of  the  Commission’s  rules  to  implement 
 the  Eighth  Circuit’s  decision  in  Iowa  Utilities  Board  v.  FCC,  219  F.  3d  744,  761-  62  (8  th  Cir.  2000),  reversed  in  part  on  other  grounds,  Verizon  Communications  v.  FCC,  535  U.  S.  467 
 (2002),  regarding  the  burden  of  proof  in  rural  exemption  cases  under  section  251(  f)(  1)  of  the  Communications  Act.  On  September  26,  2001,  ACS  sought  reconsideration  of  that  Order. 


 In  its  letter  dated  April  12,  2004,  2  ASC  notes  that  in  December  2003,  the  Supreme  Court  of  the  State  of  Alaska  reversed  the  Regulatory  Commission  of  Alaska’s  (RCA’s)  termination  of 
 ACS’  rural  exemptions,  finding  that  the  RCA  erred  in  placing  the  burden-  of-  proof  on  ACS.  That  court,  according  to  ACS,  ruled  that  the  burden-  of-  proof  in  such  cases  is  properly  placed  on  the 
 party  seeking  to  terminate  the  exemption,  consistent  with  the  Eighth  Circuit’s  decision.  Accordingly,  ACS  withdraws  its  petition  for  reconsideration. 


 For  further  information  regarding  this  proceeding,  contact  Janice  M.  Myles,  Competition  Policy  Division,  Wireline  Competition  Bureau,  (202)  418-  1580,  or  via  e-  mail 
 janice.  myles@  fcc.  gov. 
 -  FCC  - 


 1  ACS  of  Alaska,  Inc.,  ACS  of  Fairbanks,  Inc.,  and  ACS  of  the  Northland,  Inc.  Petition  to  Amend  Section 
 51.405  of  the  Commission’s  Rules  to  Implement  the  Eighth  Circuit’s  Decision  in  Iowa  Utilities  Board  v.  FCC  Regarding  the  Burden  of  Proof  in  Rural  Exemption  Cases  Under  Section  251(  f)(  1)  of  the 


 Communications  Act,  CC  Docket  No.  96-  98,  Order,  16  FCC  Rcd  15672  (2001)  (August  2001  Rural  Exemption  Order). 


 2  Letter  to  Marlene  H.  Dortch,  Secretary,  FCC,  from  Karen  Brinkman,  Counsel,  Alaska  Communications 
 Systems  Group,  Apr.  12,  2004. 
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