*Pages 1--3 from Microsoft Word - 52339.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- 2709 October 14, 2005 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON ACS’S PETITION FOR FORBEARANCE IN THE ANCHORAGE, ALASKA LOCAL EXCHANGE CARRIER STUDY AREA WC Docket No. 05- 281 Comments Due: December 13, 2005 Reply Comments Due: January 27, 2006 On September 30, 2005, ACS of Anchorage, Inc. (ACS) filed a petition pursuant to section 10 of the Communications Act of 1934, as amended (the “Act”), 1 requesting that the Commission forbear from applying the unbundling obligations of section 251( c)( 3) of the Act as they apply to ACS’s Anchorage, Alaska local exchange carrier (LEC) study area, 2 and the application of the related section 252( d)( 1) pricing standards for unbundled network elements (UNEs), to the extent ACS chooses to continue to offer unbundled access to its network in Anchorage. 3 Alternatively, if the Commission cannot find that section 251( c)( 3) is fully implemented in the Anchorage market, ACS requests that the Commission grant forbearance with respect to General Communication, Inc. (GCI), ACS’s chief competitor in Anchorage. 4 ACS states that GCI currently provides local exchange and exchange access service to approximately 49 percent of the Anchorage local exchange market and is capable of providing local exchange and exchange access service over its own facilities to most of Anchorage. 5 ACS contends that GCI is the only party purchasing UNEs affected by its Petition and that GCI has shown that it is not impaired without access to 1 See 47 U. S. C. § 160 (2002). 2 Petition for Forbearance of ACS of Anchorage, Inc. Pursuant to Section 10 of the Communications Act of 1934, as amended, for Forbearance from Sections 251( c)( 3) and 252( d)( 1) in the Anchorage LEC Study Area, WC Docket No. 05- 281 (filed September 30, 2005) (Sept. 30th Petition). On October 6, 2005, ACS filed an Amended Petition of ACS of Anchorage, Inc. Pursuant to Section 10 of the Communications Act of 1934, as amended, for Forbearance from Sections 251( c)( 3) and 252( d)( 1) in the Anchorage LEC Study Area, WC Docket No. 05- 281 (“ ACS Petition” or “Petition”). This amended Petition incorporates errata to the Sept. 30th Petition, which were filed on September 30 and October 4, 2005. 3 See ACS Petition at 1. 4 See Petition at 4. 5 See id. at 2. 1 DA 05- 2709 2 UNEs. 6 ACS contends that forbearance from sections 251( c)( 3) and 252( d)( 1) of the Act is thus warranted in the ACS Anchorage study area for local exchange and exchange access services because all of the statutory requirements for forbearance pursuant to section 10 of the Act have been met, and mandatory unbundling is no longer necessary. 7 ACS further provides that competitive market forces in Anchorage will ensure that ACS’s retail rates and practices remain just, reasonable and nondiscriminatory and that consumers will be protected. 8 This Public Notice establishes certain procedural requirements relating to consideration of ACS’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 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 ACS’s Petition on or before December 13, 2005, and reply comments on or before January 27, 2006. 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 (1) courtesy copy must be delivered to Janice M. Myles at Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12 th Street, SW, Suite 5- C140, 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, DC 20554, telephone 1- 800- 378- 3160, or via e- mail www. 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. 6 See id. at 2- 3. 7 See id. at 3- 4. 8 See id. at 4. 2