*Pages 1--2 from Microsoft Word - 45397.doc* 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 05- 103 Released: January 18, 2005 PLEADING CYCLE ESTABLISHED FOR COMMENT ON PETITION FOR RECONSIDERATION OF REQUIREMENTS ESTABLISHED IN THE SCHOOLS AND LIBRARIES FIFTH REPORT AND ORDER, FCC 04- 190. CC Docket No. 02- 6 Comments Due: February 16, 2005 Reply Comments Due: March 3, 2005 On October 13, 2004, Sprint Corporation (Sprint) and BellSouth Corporation (BellSouth) filed a petition for reconsideration of the Schools and Libraries Fifth Report and Order released August 13, 2004. 1 The petition requests that the Commission reconsider two issues: (1) the determination that, if an E- rate beneficiary has not paid its non- discounted share of charges for eligible E- rate services within 90 days after delivery of service, all funds disbursed should be recovered; and (2) the inclusion of certain certifications relating to competitive bidding on the Service Provider Annual Certification Form, FCC Form 473. 2 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 or before February 16, 2005, and reply comments on or before March 3, 2005. All pleadings are to reference CC Docket No. 02- 6. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to 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 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, 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 an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the 1 See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02- 6, Fifth Report and Order and Order, 19 FCC Rcd 15808 (2004) (Schools and Libraries Fifth Report and Order). 2 See Sprint Corporation and BellSouth Corporation, Petition for Reconsideration, CC Docket No. 02- 06, filed October 13, 2004. 1 2 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. 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). One (1) courtesy copy should also be sent to Sheryl Todd, Wireline Competition Bureau, FCC, Room 5- B540, 445 12 th Street, SW, Washington, DC 20554. 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 12 th Street, SW, Washington, D. C. 20554. 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 not merely a listing of the subjects discussed. More than a one- or two- sentence description of the views and arguments presented is generally 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). Copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554. The complete text of this Public Notice may be purchased from the Commission’s duplicating contractor, BCPI, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554, telephone (202) 863- 2893, facsimile (202) 863- 2898, or via e- mail at www. bcpiweb. com. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer and Governmental Affairs Bureau at 202- 418- 0530 (voice) or 202- 418- 0432 (TTY). This Public Notice can also be downloaded in Word and Portable Document Format at http:// www. fcc. gov/ cgb/ dro. For further information, please contact Erica Myers, Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418- 7400. -FCC- 2