*Pages 1--3 from Microsoft Word - 40144* 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- 2116 ] July 13, 2004 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON VERIZON’S PETITION FOR WAIVER, OR, ALTERNATIVELY, FORBEARANCE, TO ALLOW IT TO EXERCISE PRICING FLEXIBILITY FOR FAST PACKET SERVICES WC Docket No. 04- 246 Comments Due: August 3, 2004 Reply Comments Due: August 13, 2004 Verizon Telephone Companies (Verizon) filed two petitions with the Commission regarding pricing flexibility for certain fast packet services on June 25, 2004. In its first petition, Verizon requests that the Commission waive section 69.729 of its rules and paragraph 173 (Paragraph 173) of the Commission’s Pricing Flexibility Order 1 to permit it to exercise pricing flexibility for certain advanced services that rely on packetized technology, including Frame Relay, Asynchronous Transfer Mode, and other packet- switched services other than DSL (Advanced Services), in those areas where Verizon has already obtained pricing flexibility for traditional special access services. 2 In its second petition, Verizon requests that, in the absence of a waiver, the Commission exercise its authority pursuant to section 10 of the Communications Act of 1934, as amended, 3 to forbear from enforcing section 69.729 of the Commission’s rules and Paragraph 173. 4 1 See Access Charge Reform, CC Docket No. 92- 262, Fifth Report and Order and Further Notice of Proposed Rulemaking, 14 FCC Rcd 14221 (1999) (Pricing Flexibility Order). 2 Petition for Waiver of Pricing Flexibility Rules for Fast Packet Services, WC Docket No. 04- 246, Verizon Petition for Waiver to Allow it to Exercise Pricing Flexibility for Advanced Services where the Commission has Granted Relief for Traditional Special Access Services (filed June 25, 2004) (Verizon Waiver Petition). 3 See 47 U. S. C. § 160 et seq. 4 Petition for Forbearance under 47 U. S. C. Section 160( c) from Pricing Flexibility Rules for Fast Packet Services, WC Docket No. 04- 246, Verizon Petition, in the Alternative, for Forbearance to Allow it to Exercise Pricing Flexibility for Advanced Services where the Commission has Granted Relief for Traditional Special Access Services (filed June 25, 2004) (Verizon Forbearance Petition). 1 2 In support of its petitions, Verizon filed an accompanying memorandum, 5 which asserts that, because the Commission has already found that special access services generally qualify for pricing flexibility in the areas at issue, the same relief should also apply to Advanced Services. 6 Verizon further contends that granting the requested waiver will serve the public interest because it will enable Verizon to compete more effectively in the market for Advanced Services. 7 Finally, Verizon argues that regulatory parity requires that the Commission grant a waiver to permit Verizon to exercise pricing flexibility for Advanced Services. 8 In the alternative, Verizon requests Commission forbearance to the extent necessary to allow Verizon to exercise pricing flexibility for Advanced Services. 9 This Public Notice establishes certain procedural requirements relating to consideration of Verizon’s two petitions. 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. See 47 C. F. R. § 1.1206( b). Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on Verizon’s petitions on or before August 3, 2004 and reply comments on or before August 13, 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) copies of the comments and reply comments should also be sent to Deena Shetler, Deputy Division Chief, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12 th Street, SW, Room 5- A221, Washington, DC 20554. Also send copies via e- mail to Deena Shetler and Marvin F. Sacks, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, at deena. shetler@ fcc. gov and marvin. sacks@ fcc. gov. One (1) copy must be sent to 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 at www. bcpiweb. com. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to 5 Verizon Waiver Petition, Memorandum of Points and Authorities in Support of Verizon’s Petition for Waiver of Pricing Flexibility Rules and Contingent Petition for Forbearance, WC Docket No. 04- 246 (filed June 25, 2004) (Verizon Memorandum). 6 Verizon Memorandum at 5- 7. 7 Verizon Memorandum at 7- 12. 8 Verizon Memorandum at 13- 15. 9 Verizon Memorandum at 15- 19 (enforcement is not necessary to ensure against unjust, unreasonable or discriminatory charges or practices by Verizon or to protect consumers, and forbearance is consistent with the public interest). 2