*Pages 1--3 from Microsoft Word - 48051.doc* 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 05- 1106 April 21, 2005 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON AMERICAN PUBLIC COMMUNICATIONS COUNCIL’S PETITION FOR DECLARATORY RULING AND RULEMAKING REGARDING IP- ENABLED DIAL- AROUND CALLS FROM PAYPHONES WC Docket No. 05- 176 Comments Due: May 23, 2005 Reply Comments Due: June 7, 2005 On March 23, 2005, the American Public Communications Council (APCC) filed a petition for a declaratory ruling and rulemaking to establish that payphone- originated Internet Protocol- enabled (IP- enabled) communications are subject to payphone compensation. 1 APCC also requests that its petition be consolidated with, and made part of the record of, the Commission’s ongoing IP- Enabled services rulemaking proceeding in WC Docket No. 04- 36 and seeks expedited treatment of the petition. 2 In its Petition, APCC asks the Commission to issue a declaratory ruling and initiate a rulemaking proceeding to address payphone compensation for dial- around calls involving an IP-enabled component. In its declaratory ruling request, APCC asks the Commission to: (1) affirm its prior rulings and make explicit that PSTN- originated dial- around calls from payphones are subject to the Commission’s existing dial- around compensation rules, regardless of whether there is an IP- enabled service provider in the transmission path; and (2) make clear that IP-enabled service providers must comply with the compensation rules to the same extent as any other entity in the transmission path. In its petition for rulemaking, APCC asks the Commission to initiate a rulemaking to amend the compensation rule to ensure that it applies to IP- originated calls. 3 APCC contends that a rulemaking is necessary because, while Section 276 clearly 1 The Petition for Declaratory Ruling and Rulemaking Regarding IP- Enabled Dial- Around Calls from Payphones (filed Mar. 23, 2005) (Petition). 2 In the Matter of IP- Enabled Services, Motion to Consolidate and to Expedite, WC Docket No. 04- 36 (filed Mar. 23, 2005) (Motion to Consolidate). We do not rule on the Motion to Consolidate at this time. 3 Petition at 3. 1 2 requires that payphone service providers be compensated for the use of their phone regardless of how the payphone happens to be connected to the network, the Commission’s evolving framework for IP- enabled communications has not yet addressed the regulatory status of IP-enabled calls. 4 This Public Notice establishes certain procedural requirements relating to consideration of APCC’s Petition. 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 APCC’s Petition on or before May 23, 2005 and reply comments on or before June 7, 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. 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 Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY- B402, Washington, D. C. 20554, (202) 488- 5300, or via e- mail to 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. 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 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 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 appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. 4 Id. 2