*Pages 1--3 from Microsoft Word - 54391.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., 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- 81 RELEASED: January 19, 2006 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION OF FRONTIER COMMUNICATIONS OF AMERICA, INC. FOR PREEMPTION AND DECLARATORY RULING REGARDING TENNESSEE CODE ANNOTATED SECTION 65- 29- 102 AND RELATED DECISION OF THE TENNESSEE REGULATORY AUTHORITY WC DOCKET NO. 06- 6 Comments Due: February 21, 2006 Reply Comments Due: March 8, 2006 On December 15, 2005, Frontier Communications of America, Inc. (Frontier) filed a petition for preemption and declaratory ruling requesting that the Commission preempt a Tennessee statute, Tennessee Code Annotated Section 65- 29- 102, pursuant to section 253 of the Communications Act of 1934, as amended. Frontier asserts that the Tennessee Regulatory Authority (TRA) relied on the state statute to determine that Frontier, an incumbent local exchange carrier (LEC), is not permitted to compete as a competitive LEC in the adjoining territory of Ben Lomand Coop, the neighboring incumbent LEC and a telephone cooperative. Frontier requests that the Commission rule that Frontier is entitled to begin competing in Ben Lomand Coop’s territory pursuant to the terms of an interconnection agreement filed and approved by the TRA. This Public Notice establishes certain procedural requirements relating to consideration of Frontier’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 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 or before February 21, 2006 and reply comments on or before March 8, 2006. All filings should refer to WC Docket No. 06- 6. In preparing comments and other submissions, parties may want to familiarize themselves with the Commission’s suggested guidelines for section 253 filings. 1 1 Suggested Guidelines for Petitions for Ruling under Section 253 of the Communications Act, Public Notice, 13 FCC Rcd 22970 (1998). 1 3 facsimile (202) 488- 5563, TTY (202) 488- 5562, e- mail fcc@ bcpiweb. com. People with Disabilities: 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 & Governmental Affairs Bureau at (202) 418- 0530 (voice), (202) 418- 0432 (TTY). For further information regarding this proceeding, contact Rodney McDonald, Competition Policy Division, Wireline Competition Bureau, (202) 418- 7513. - FCC - 3