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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-  2028  July  6,  2004 
 PLEADING  CYCLE  ESTABLISHED  FOR  COMMENTS  ON  BELLSOUTH’S  EMERGENCY  PETITION  FOR  DECLARATORY  RULING  AND 
 PREEMPTION  OF  STATE  ACTION 
 WC  Docket  No.  04-  245 
 Comments  Due:  July  30,  2004  Reply  Comments  Due:  August  16,  2004 


 On  July  1,  2004,  BellSouth  Telecommunications,  Inc.  (BellSouth)  filed  an  emergency  petition  for  declaratory  ruling  and  preemption  of  state  action  regarding  a  recent  order  of  the 
 Tennessee  Regulatory  Authority  (TRA).  1  BellSouth  asserts  that  on  June  21,  2004,  the  TRA  issued  an  order  that  sets  a  “market  rate”  for  switching  for  customers  with  four  or  more  lines  in 
 the  Top  50  MSAs  in  the  context  of  a  section  252  arbitration,  citing  authority  pursuant  to  section  271  of  the  Act.  2  BellSouth  argues  that  the  TRA  has  no  authority  to  establish  rates  under  section 
 271,  arguing  that  both  the  Telecommunications  Act  and  the  Triennial  Review  Order  only  grants  the  Commission  authority  to  regulate  section  271  rates.  3  Accordingly,  BellSouth  requests  that 
 the  Commission  issue  a  order  declaring  that  states  have  no  jurisdiction  over  elements  provided  pursuant  to  section  271  and  should  preempt  the  TRA’s  order. 


 This  Public  Notice  establishes  certain  procedural  requirements  relating  to  consideration  of  BellSouth’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  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  See  BellSouth  Emergency  Petition  for  Declaratory  Rule  and  Preemption  of  State  Action,  WC  Docket  No.  04- 
 245  (filed  July  1,  2004)  (BellSouth  Petition). 
 2  BellSouth  Petition  at  3-  4. 


 3  BellSouth  Petition  at  6-  11. 
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