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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  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  04-  1869  June  25,  2004 
 PLEADING  CYCLE  ESTABLISHED  FOR  COMMENTS  ON  QWEST’S  PETITION  FOR  FORBEARANCE 
 IN  THE  OMAHA  METROPOLITAN  STATISTICAL  AREA 
 WC  Docket  No.  04-  223 
 Comments  Due:  August  10,  2004  Reply  Comments  Due:  September  9,  2004 


 On  June  21,  2004,  Qwest  Corporation  (Qwest)  filed  a  petition  pursuant  to  section  10  of  the  Communications  Act  of  1934,  as  amended,  1  requesting  that  the  Commission  forbear  from  applying  the 
 requirements  of  section  251(  c)  as  well  as  sections  271(  c)(  2)(  B)(  i-  vi)  and  (xiv)  to  its  provision  of  telecommunications  services  in  the  Omaha,  Nebraska  Metropolitan  Statistical  Area  (MSA).  2 
 Furthermore,  Qwest  requests  that  the  Commission  forbear  from  regulating  Qwest  as  both  a  dominant  carrier  and  as  the  incumbent  local  exchange  carrier  (LEC)  in  the  Omaha  MSA.  3  First,  Qwest  asserts  that 
 by  permitting  it  to  provide  interLATA  services  originating  in  Nebraska,  the  Commission  has  already  determined  that  Qwest  has  “fully  implemented”  the  requirements  of  section  251(  c)  and  section  271  in 
 Nebraska,  as  required  by  section  10(  d).  4  In  addition,  Qwest  argues  that  because  of  intense  competition  from  facilities-  based  wireline  carriers,  intermodal  competitors  (such  as  cable  television  providers),  and 
 commercial  mobile  radio  service  providers  in  the  Omaha  MSA,  it  has  lost  its  market  power  and  dominant  status  and,  thus,  should  be  relieved  of  the  relevant  regulatory  requirements.  5 


 This  Public  Notice  establishes  certain  procedural  requirements  relating  to  consideration  of  Qwest’s  Petition.  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 
 1  See  47  U.  S.  C.  §  160  (2002). 


 2  Qwest  Corporation  Petition  for  Forbearance  Pursuant  to  47  U.  S.  C.  §  160(  c),  WC  Docket  No.  04-  223  (filed 
 June  21,  2004)  (“  Qwest  Petition”  or  “Petition”). 
 3  See  Qwest  Petition  at  1. 


 4  See  Qwest  Petition  at  4,  30-  31;  47  U.  S.  C.  §  160(  d). 
 5  See  Qwest  Petition  at  1,  3-  4. 
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 DA  04-  1869 
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 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,  Best  Copy  and  Printing,  Inc.,  Portals  II,  445  12th  Street,  SW,  Room  CY-  B402,  Washington, 
 DC  20554,  telephone  1-  800-  378-  3160,  or  via  e-  mail  www.  bcpiweb.  com. 
 For  further  information  regarding  this  proceeding,  contact  Pamela  Arluk,  Competition  Policy  Division,  Wireline  Competition  Bureau,  (202)  418-  1580,  or  via  e-  mail  pamela.  arluk@  fcc.  gov. 


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