*Pages 1--3 from Microsoft Word - 35685* 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- 377 February 12, 2004 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON SBC’S EMERGENCY REQUEST FOR DECLARATORY RULING AND PREEMPTION WC Docket No. 04- 30 Comments Due: March 4, 2004 Reply Comments Due: March 15, 2004 On February 10, 2004, the Southern New England Telephone Company (SBC Connecticut) filed an emergency request for a declaratory ruling and order preempting a decision by the Connecticut Department of Public Utility Control (DPUC). 1 In its Emergency Request, SBC Connecticut argues that the DPUC’s decision that requires it to provide unbundled access to certain hybrid fiber- coaxial (HFC) facilities to Gemini Networks CT, Inc. (Gemini) is inconsistent with the Telecommunications Act of 1996 (the Act) and the Commission’s Triennial Review Order. Specifically, SBC Connecticut claims that the DPUC’s decision is inconsistent with the Act and the Triennial Review Order in at least the following respects: (1) the DPUC’s decision compels SBC Connecticut to unbundle facilities that do not meet the definition of a network element; (2) the HFC facilities are not part of SBC Connecticut’s local telecommunications network; (3) in the Triennial Review Order, the Commission concluded that incumbent LECs need not unbundle hybrid loop facilities provided that they offer either a pure copper loop running from the central office to the customer premises or a narrowband transmission path running over hybrid facilities; (4) Gemini is not providing qualifying services; and (5) the DPUC improperly focused its impairment standard on a single carrier and its business plan. 2 This Public Notice establishes certain procedural requirements relating to consideration 1 The Southern New England Telephone Company Petition for Declaratory Ruling and Order Preempting the Connecticut Department of Public Utility Control’s Decision Directing the Southern New England Telephone Company to Unbundle its Hybrid Fiber Coaxial Facilities, WC Docket No. 04- 30 (filed Feb. 10, 2004) (Emergency Request). 2 See SBC Connecticut’s Emergency Request at 2- 3 1