*Pages 1--3 from Microsoft Word - 41509* 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- 2705 August 27, 2004 Comment Dates Established in Reconsideration of Price Cap Performance Review for Local Exchange Carriers Fourth Report and Order and Access Charge Reform Second Report and Order CC Docket Nos. 94- 1 and 96- 262 COMMENTS DUE: September 16, 2004 REPLY COMMENTS DUE: October 1, 2004 On August 5, 2004, the Wireline Competition Bureau released a Public Notice 1 inviting interested parties to update the record pertaining to petitions for reconsideration of the 1997 Price Cap Review Order. 2 In the Public Notice, the Bureau requested that parties that filed petitions for reconsideration of the 1997 Price Cap Review Order file supplemental notices indicating those issues that they still wish to be reconsidered. Parties also may refresh the record with any new information or arguments that they believe to be relevant to deciding such issues. To the extent parties do not indicate an intent to pursue their respective petitions for reconsideration, the Commission will deem such petitions withdrawn and will dismiss them. A summary of the Public Notice is published in the Federal Register at 69 Fed. Reg. 51081 (August 17, 2004). 3 Pursuant to sections 1.415 and 1.419 of the Commission's rules, 4 interested parties may file comments on or before September 16, 2004, and reply comments on or before October 1, 2004. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. 5 Comments filed through the ECFS can be sent as an electronic file via the Internet to 1 Parties Asked to Refresh Record Regarding Reconsideration of Price Cap Performance Review for Local Exchange Carriers Fourth Report and Order and Access Charge Reform Second Report and Order, CC Docket Nos. 94- 1 and 96- 262, Public Notice, DA 04- 2475 (Wire. Comp. Bur., Aug. 5, 2004). 2 Price Cap Performance Review for Local Exchange Carriers, Access Charge Reform, Fourth Report and Order in CC Docket No. 94- 1 and Second Report and Order in CC Docket No. 96- 262, 12 FCC Rcd 16642 (1997) (1997 Price Cap Review Order), aff’d in part, rev’d in part sub nom. USTA v. FCC, 188 F. 3d 521 (D. C. Cir. 1999). 3 The Federal Register summary of the Public Notice published on August 17, 2004 contained the incorrect reply comment date. The Federal Register summary was corrected to reflect the accurate reply comment date of October 1, 2004 at 69 Fed. Reg. 52539 (August 26, 2004). 4 47 C. F. R. §§ 1.415, 1. 419. 5 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97- 113, Report and Order, 13 FCC Rcd 11322 (1998). 1 2 http:// www. fcc. gov/ cgb/ ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number, in this case, CC Docket Nos. 94- 1 and 96- 262. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form.” A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. -The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. -All hand deliveries must be held together with rubber bands or fasteners. -Any envelopes must be disposed of before entering the building. -Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. -U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, Room TW- A325, 445 12 th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Jennifer McKee, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5- A263, 445 12 th Street, SW., Washington, DC 20554, or by e- mail to jennifer. mckee@ fcc. gov. Parties shall also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY- B402, Washington, DC 20554, (202) 488- 5300, or via e- mail to fcc@ bcpiweb. com. The original petitions for reconsideration filed by the parties in CC Docket Nos. 94- 1 and 96- 262 are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12 th Street SW., Room CY- A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488- 5300, facsimile (202) 488- 5563, TTY (202) 488- 5562, or by e- mail at fcc@ bcpiweb. com. 2 3 This matter shall be treated as a “permit- but- disclose” proceeding in accordance with the Commission's ex parte rules. 6 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. 7 Other requirements pertaining to oral and written presentations are set forth in section 1.1206( b) of the Commission's rules. 8 For further information, contact Jennifer McKee of the Pricing Policy Division, Wireline Competition Bureau at (202) 418- 1530, or by e- mail at jennifer. mckee@ fcc. gov. - FCC - 6 47 C. F. R. § 1.1200 et seq. 7 See 47 C. F. R. § 1.1206( b)( 2). 8 47 C. F. R. § 1.1206( b). 3