*Pages 1--3 from Microsoft Word - 35826* 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- 404 February 18, 2004 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON BELLSOUTH’S PETITION FOR WAIVER CC Docket Nos. 01- 338, 96- 98, 98- 147 Comments Due: March 19, 2004 Reply Comments Due: April 5, 2004 On February 11, 2004, BellSouth Telecommunications, Inc. (BellSouth) filed a petition for waiver, 1 pursuant to section 1.3 of the Commission’s rules, 2 seeking a temporary waiver of its obligation to provide certain unbundled network elements (UNEs) under the Commission’s commingling and service eligibility requirements, as set forth in the Triennial Review Order. 3 Because the rules from which BellSouth seeks temporary waiver primarily affect enhanced extended loops (EELs) which are combinations of loop and interoffice transport elements, BellSouth asserts that this waiver is warranted until each relevant state commission completes its currently pending granular review of unbundled enterprise loops and transport. 4 BellSouth claims that each of the states in its operating region have pending reviews of impairment for enterprise loops and transport which are expected to be completed by July 2, 2004 and which may conclude that BellSouth is not obligated to provide to competitors a substantial number of 1 BellSouth Telecommunications, Inc., Petition for Waiver, CC Docket Nos. 01- 338, 96- 98, 98- 147 (Feb. 11, 2004) (BellSouth Petition for Waiver). 2 47 C. F. R. § 1.3. 3 Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, Deployment of Wireline Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01- 338, 96- 98, 98- 147, Report and Order and Order on Remand and Further Notice of Proposed Rulemaking, 18 FCC Rcd 16978 (2003) (Triennial Review Order), corrected by Errata, 18 FCC Rcd 19020 (2003) (Triennial Review Order Errata), petitions for review pending, United States Telecom Ass’n v. FCC, D. C. Cir. No. 00- 1012 (and consolidated cases). 4 BellSouth Petition for Waiver at 6. 1 2 loop and transport UNEs, thus limiting the number of EEL conversions. 5 BellSouth claims that waiver relief is warranted to avoid inefficiencies of converting special access circuits to UNEs, only to have to convert them back to special access circuits if a state concludes there is no impairment for all or part of a circuit. 6 Finally, BellSouth claims that the temporary waiver it seeks will avoid significant stranded capital resulting from certain commingled circuits that require additional equipment to delineate special access segments from UNE segments of multiple segment circuits. 7 This Public Notice establishes certain procedural requirements relating to consideration of BellSouth’s Petition for Waiver. 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, 47 C. F. R. § 1.1206( b). Pursuant to Section 1.415 and 1.419 of the Commission’s rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on SBC Connecticut’s Emergency Request on or before March 19, 2004 and reply comments on or before April 5, 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) courtesy copies must be delivered to Janice M. Myles, Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12 th Street, SW, Suite 5- C327, Washington, DC 20554, or via e- mail janice. myles@ fcc. gov; and one (1) copy must be sent to Qualex International, Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. 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. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, 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 5 BellSouth Petition for Waiver at 3- 4. 6 BellSouth Petition for Waiver at 4, 7. 7 BellSouth Petition for Waiver at 4- 5, 7. 2