PUBLIC NOTICE Federal Communications Commission 445 12th 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 07-2701 Released: June 19, 2007 COMMENT SOUGHT ON PETITION FOR DECLARATORY RULING CONCERNING WHOLESALE AND RESALE TELECOMMUNICATIONS CARRIERS UNIVERSAL SERVICE FUND CONTRIBUTION OBLIGATIONS PLEADING CYCLE ESTABLISHED CC Docket No. 06-122 Comment Date: July 19, 2007 Reply Comment Date: August 3, 2007 On April 17, 2007, Oblio Telecom, Inc. (Oblio) filed a petition requesting a declaratory ruling concerning various aspects of the universal service fund (USF) contribution obligations of wholesale and resale telecommunications carriers under sections 201(b) and 202(a) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996.1 Specifically, Oblio requests that the Commission find “that, in the absence of applicable negotiated contract terms, a wholesale telecommunications carrier’s . . . refusal to: (1) honor a telecommunications reseller customer’s . . . proof of exemption from Universal Service Fund . . . pass-through charges and (2) refund collected USF Charges, are unreasonable practices in violation of Section 201(b) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996.” 2 Further, Oblio contends that “a wholesaler’s selective honoring of valid USF pass-through exemption requests from some reseller customers, but not other similarly-situated customers, and to selectively refund collected USF [c]harges to some, but not others, constitute unjust and unreasonable discriminatory practices in violation of Section 202(a) of the Act.”3 The Wireline Competition Bureau seeks comment on Oblio’s petition. Interested parties may file comments on or before July 19, 2007 and reply comments on or before August 3, 2007. 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). 1 47 U.S.C. § 201(b), 202(b); Petition of Oblio Telecom, Inc. for a Declaratory Ruling that AT&T’s Refusal to Honor Oblio Telecom, Inc.’s Proof of Exemption from Pass-Through USF Charges and Request for Refund of Collected USF Charges are Unreasonable Practices and Unjustly Discriminatory in Violation of Sections 201(b) and 202(a) of the Communications Act, WC Docket No. 06-122, filed April 17, 2007 (Oblio Petition). 2 Oblio Petition at 1. 3 Oblio Petition at 1-2. 2 § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. § For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: 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 appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington D.C. 20554. 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). You may submit comments, identified by the above noted docket number, by any of the following methods: § Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. § Federal Communications Commission’s Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. § People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432. In addition, one copy of each pleading must be sent to each of the following: (1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, www.bcpiweb.com; phone: 202-488-5300 fax: 202-488-5563; and 3 (2) Antoinette Stevens, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521, Washington, D.C. 20554; e-mail: antoinette.stevens@fcc.gov; and (3) Gregory Guice, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W. Room 5B-550, Washington, D.C. 20554; e-mail: greg.guice@fcc.gov. Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY- A257, Washington, D.C. 20554. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CYB402, Washington, D.C. 20554, telephone: 202-488-5300, fax: 202-488-5563, or via e-mail www.bcpiweb.com. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.4 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentation 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.5 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.6 For further information, please contact Thomas Buckley or Gregory Guice, Telecommunications Access Policy Division, Wireline Competition Bureau at 202-418-7400 or TTY (202) 418-0484. - FCC - 4 47 C.F.R. §§ 1.1200 et seq. 5 See 47 C.F.R. § 1.1206(b)(2). 6 47 C.F.R. § 1.1206(b).