*Pages 1--2 from Microsoft Word - 43938.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 04- 3602 November 16, 2004 COMMENTS INVITED ON PETITION FOR FORBEARANCE FILED BY QWEST CORPORATION REGARDING QWEST’S DSL SERVICE WC Docket No. 04- 416 Comments Due: January 5, 2005 Reply Comments Due: February 7, 2005 On November 10, 2004, Qwest Corporation (Qwest) filed a petition for forbearance, pursuant to 47 U. S. C. § 160( c), pertaining to xDSL services. In its petition, Qwest seeks forbearance from dominant carrier tariff regulation, rate averaging requirements, and resale at an avoided- cost discount, for Qwest’s mass- market xDSL services. Qwest argues that the Commission has not taken the same deregulatory position toward incumbent LEC xDSL as it has toward cable modem service. As a result, only incumbent LECs – not cable companies and not competitive LECs – must comply with the full suite of Title II and common carrier regulations. Qwest identifies two pending proceedings that could potentially deregulate ILEC xDSL services, as well as a forbearance petition filed by BellSouth Telecommunications, Inc. Qwest intends its petition for forbearance, however, to focus attention on the narrow pricing areas identified, which Qwest argues require expedited relief. 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, 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 Qwest’s petition on or before January 3, 2005, and reply comments on or before February 2, 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, News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov TTY 202 / 418- 2555 1 2 Washingon, DC 20554, or via e- mail, janice. myles@ fcc. gov, and one copy must be sent to Best 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