*Pages 1--3 from Microsoft Word - 57130.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 06- 1061 May 19, 2006 Reconsideration of Price Cap Performance Review for Local Exchange Carriers Fourth Report and Order and Access Charge Reform Second Report and Order CC Docket Nos. 94- 1 and 96- 262 NOTICE OF PROCEEDING TERMINATION On August 5, 2004, the Wireline Competition Bureau released a Public Notice 1 asking parties that filed petitions for reconsideration of the 1997 Price Cap Review Order 2 to file a supplemental notice identifying those issues from their reconsideration petitions that they still wished the Commission to consider. 3 The Public Notice stated that, to the extent parties did not indicate an intent to pursue their petitions, the Commission would deem the petitions withdrawn. 4 The only petitioner that filed in response to the Public Notice was AT& T; therefore, we deem all other petitions for reconsideration to have been withdrawn. On May 8, 2006, AT& T filed a letter withdrawing its petition for reconsideration. 5 As all pending petitions for reconsideration have been withdrawn, this proceeding will be terminated effective 30 days after publication of this Public Notice in the Federal Register, unless the Wireline Competition Bureau receives an opposition to the termination before that date. Parties filing oppositions to the termination of this proceeding should reference CC Docket Nos. 94- 1 and 96- 262. All pleadings may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. 6 Comments filed through the ECFS can be sent as an electronic file via 1 Parties Asked to Refresh Record Regarding Reconsideration of Price Cap Performance Review for Local Exchange Carriers Fourth Report and Order and Access Charge Reform Second Report and Order, CC Docket Nos. 94- 1 and 96- 262, Public Notice, 19 FCC Rcd 14897 (Wire. Comp. Bur. 2004) (Public Notice). 2 Price Cap Performance Review for Local Exchange Carriers, Access Charge Reform, Fourth Report and Order in CC Docket No. 94- 1 and Second Report and Order in CC Docket No. 96- 262, 12 FCC Rcd 16642 (1997) (1997 Price Cap Review Order), aff’d in part, rev’d in part sub nom. USTA v. FCC, 188 F. 3d 521 (D. C. Cir. 1999). 3 Public Notice, 19 FCC Rcd at 14897- 98. Petitions for reconsideration of the 1997 Price Cap Review Order were filed by the Ad Hoc Telecommunications Users Committee, AT& T, Cincinnati Bell Telephone Company, and Citizens Utilities Company. 4 Id. at 14898. 5 Letter from Davida Grant, Senior Counsel, AT& T Services, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket Nos. 96- 262, 94- 1 (filed May 8, 2006). 6 Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97- 113, Report and Order, 13 FCC Rcd 11322 (1998). 1 3 This matter shall be treated as a “permit- but- disclose” proceeding in accordance with the Commission's ex parte rules. 7 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. 8 Other requirements pertaining to oral and written presentations are set forth in section 1.1206( b) of the Commission's rules. 9 Action by the Chief, Pricing Policy Division, Wireline Competition Bureau. For further information, contact Jennifer McKee of the Pricing Policy Division, Wireline Competition Bureau at (202) 418- 1530. - FCC - 7 47 C. F. R. § 1.1200 et seq. 8 47 C. F. R. § 1.1206( b)( 2). 9 47 C. F. R. § 1.1206( b). 3