*Pages 1--2 from Microsoft Word - 43653.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 04- 3507 November 3, 2004 COMMENTS INVITED ON PETITION FOR FORBEARANCE FILED BY BELLSOUTH TELECOMMUNICATIONS, INC. REGARDING INCUMBENT LEC PROVISION OF BROADBAND WC Docket No. 04- 405 Comments Due: December 20, 2004 Reply Comments Due: January 19, 2005 On October 27, 2004, BellSouth Telecommunications, Inc. (BellSouth) filed a petition for forbearance from Title II common carriage requirements that apply to incumbent LEC broadband transmission. Further, BellSouth seeks forbearance from the Computer Inquiry rules to the extent they require incumbent LECs to tariff and offer the transport component of their broadband services on a stand- alone basis and to take service under those same terms and conditions. BellSouth argues that these rules are unnecessary, because the market for broadband transmission is competitive, and impose costs that inhibit innovation and deployment of broadband. In addition, BellSouth argues that these rules are not imposed on other providers of broadband transmission. 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, 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, 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 BellSouth’s petition on or before December 20, 2004, and reply comments on or before January 19, 2005. 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. One courtesy copy must be delivered to Janice M. Myles at the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12 th Street, SW, Suite 5- C140, Washingon, DC 20554, or via e- mail, janice. myles@ fcc. gov, and one copy must be sent to Best News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 Copy and Printing, Inc., Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554, telephone 1- 800- 378- 3160, or via e- mail, fcc@ 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 . Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send e- mail to ecfs@ fcc. gov, and should include the following words in the subject line “get form .” A sample form and directions will be sent in reply. Parties that choose to file by paper must file an original and four copies of each filing. Filings may 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. Filings and comments will be available for review and copying during regular business hours at the FCC Reference Center, Portals II, 445 12 th Street, S. W., Room CY- A257, Washington, D. C. 20554, (202) 418- 0270. A copy of the application may also be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12 th Street, SW, Room CY-B402, Washington, D. C. 20554, telephone (202) 488- 5300, facsimile (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. For further information regarding this proceeding, contact Brad Koerner, Competition Policy Division, Wireline Competition Bureau, (202) 418- 1580, or via email, brad. koerner@ fcc. gov. The TTY number is (202) 418- 0484. -FEDERAL COMMUNICATIONS COMMISSION- 2