*Pages 1--4 from Microsoft Word - 54213.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 06- 32 Released: January 6, 2006 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR EXPEDITED DECLARATORY RULING REGARDING SECTION 253 OF THE COMMUNICATIONS ACT FILED BY TELEFÓNICA LARGA DISTANCIA DE PUERTO RICO, INC. WC Docket No. 06- 1 Comments Due: January 26, 2006 Reply Comments Due: February 6, 2006 On December 20, 2005, Telefónica Larga Distancia de Puerto Rico, Inc. (“ TLD”) filed a petition requesting that the Commission issue an expedited declaratory ruling establishing that the Puerto Rico Telephone Company’s (“ PRTC”) pending “Single Zone Plan” tariff with the Junta Reglamentadora de Telecommunicaciones de Puerto Rico (“ Puerto Rico Board” or “the Board”) would violate section 253( a) of the Communications Act of 1934, as amended (“ Act”). 1 Accordingly, TLD asserts that a Commission finding of such violation would subject any future tariff approval by the Puerto Rico Board to preemption under section 253( d) of the Act. Alternatively, TLD requests that were the Puerto Rico Board to approve or permit the tariff to go into effect prior to a Commission ruling on its Petition, the Commission should find that such action is preempted under Section 253. In its petition, TLD explains that it is a competitive provider of intrastate (intra- island), interstate, and international telecommunications service to residential and business customers in Puerto Rico. Generally, it argues that the Single Zone Plan will completely eliminate the intrastate telecommunications market in Puerto Rico. TLD asserts that the plan requires all subscribers to PRTC’s residential local exchange service to purchase bundled local and intrastate long distance service from PRTC. TLD further asserts that PRTC is the incumbent local exchange carrier in Puerto Rico, and that because virtually all residential customers subscribe to PRTC’s local exchange service, the Single Zone Plan would eliminate demand for intrastate long distance service from other providers. TLD states that approval of the Single Zone Plan tariff is currently pending before the Puerto Rico Board with hearings scheduled for February 6- 8, 2006, and a Board decision scheduled for March 6, 2006. 2 On December 22, 2005, TLD supplemented its petition to report that the proposed effective date 1 Telefónica Larga Distancia de Puerto Rico, Petition for Expedited Declaratory Ruling, WC Doc. No. 06- 1 (filed Dec. 20, 2005). 2 Telecommunications Regulatory Board of Puerto Rico, Case Nos. JRT- 2005- Q- 0121; JRT- 2005- Q- 0128; JRT-2003- Q0297; JRT- 2004- Q- 0068. 1 2 for the tariff had been officially changed from January 6 to April 7, 2006. 3 On December 29, 2005, the Puerto Rico Board filed comments, indicating that TLD’s request for expedited action is unnecessary because the Puerto Rico Board does not anticipate ruling on the tariff any earlier than March 6, 2006. 4 The Board requested that the Commission provide interested parties the normal 30 days to submit comments, as previously established by the Commission. 5 TLD responded to the Puerto Rico Board’s filing, stating that the expedited treatment is still necessary because the Commission needs adequate time to analyze the issues raised in the record and because the Puerto Rico Board has no legal obligation to maintain PRTC’s proposed April 7, 2006 date to effectuate the tariff. 6 This Public Notice establishes certain procedural requirements relating to consideration of TLD’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 is generally required. See 47 C. F. R. § 1.1206( b). Other requirements pertaining to oral and written presentations are set forth in section 1.1206( b) of the Commission’s rules, 47 C. F. R. § 1.1206( b). The Commission expects to be kept informed, through ex parte presentations, of any discussions between the petitioner and other parties or relevant governmental entities regarding resolution of the issues raised in the petition, consistent with relevant Commission requirements. 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 January 26, 2006 and reply comments on or before February 6, 2006. All filings should refer to WC Docket No. 06- 1. In preparing comments and other submissions, parties may want to familiarize themselves with the Commission’s suggested guidelines for section 253 filings. 7 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). 3 Letter from Brett A. Snyder, Attorney for TDS, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 06- 1 (filed Dec. 22, 2005). In its Petition, TLD explained that the Puerto Rico Board had indicated informally that the tariff would not go into effect until its March 6, 2006 decision, but noted that as of the date of its filing, the Board had not issued a formal order. 4 Comments of the Telecommunications Regulatory Board of Puerto Rico, WC Docket No. 06- 1 (filed Dec. 29, 2005). 5 Suggested Guidelines for Petitions for Ruling under Section 253 of the Communications Act, Public Notice, FCC 98- 295, (rel. Nov. 17, 1998). 6 Letter from Brett A. Snyder, Attorney for TDS, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 06- 1 (filed Dec. 29, 2005). 7 See supra at n. 5. 2 4 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 & Governmental Affairs Bureau at (202) 418- 0530 (voice), (202) 418- 0432 (TTY). For further information regarding this proceeding, contact Jon Minkoff, Competition Policy Division, Wireline Competition Bureau, (202) 418- 1580. - FCC - 4