**DA 03-2952**

**September 26, 2003**

#### PLEADING CYCLE ESTABLISHED FOR COMMENTS ON

#### VONAGE PETITION FOR DECLARATORY RULING

**WC DOCKET NO. 03-211**

**Comments Due: October 27, 2003**

**Reply Comments Due: November 24, 2003**

On September 22, 2003, Vonage Holdings Corporation (Vonage) filed a
petition requesting that the Commission preempt an order of the
Minnesota Public Utilities Commission (Minnesota Commission) requiring
Vonage to comply with state laws governing providers of telephone
service, even though Vonage avers that it is a provider of information
services (and not a telecommunications carrier or common carrier subject
to Title II of the Communications Act of 1934).[^1] Specifically, Vonage
asks that the Commission find that certain specific E911 requirements
imposed by the Minnesota Commission are in conflict with federal
policies.[^2] Further, Vonage states that preemption is necessary
because of the impossibility of separating the Internet, or any service
offered over it, into intrastate and interstate components.[^3]

This Public Notice establishes certain procedural requirements relating
to consideration of Vonage'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 section 1.415 and 1.419 of the Commission's rules, 47 C.F.R.
§§ 1.415, 1.419, interested parties may file comments on the petition
for declaratory ruling on or before **October 27, 2003**, and reply
comments on or before **November 24, 2003**. All filings must be
addressed to the Commission's Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Suite TW-A325, Washington, D.C. 20554. Two (2) courtesy copies must be
delivered to Janice M. Myles, Wireline Competition Bureau, Competition
Policy Division, 445 12th Street, S.W., Suite 5-C327, Washington, D.C.
20554, or via e-mail <janice.myles@fcc.gov>; and one (1) copy must be
sent to Qualex International, Portals II, 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail <qualexint@aol.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 \<http://www.fcc.gov/e-file/ecfs.html\>. 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 \<your e-mail address\>." A
sample form and directions will be sent in reply.

Parties that 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, commenters 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). The Commission's contractor, Vistronix, Inc., 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. This facility is the only location where hand-delivered or
messenger-delivered paper filings for the Commission's Secretary will be
accepted. 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 mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, S.W.,
Washington, D.C. 20554.

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, SW, Room CY-A257, Washington, D.C.
20554. They may also be purchased from the Commission\'s duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, D.C. 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail <qualexint@aol.com>.

For further information regarding this proceeding, contact Julie Veach,
Competition Policy Division, Wireline Competition Bureau, (202)
418-1580, or via e-mail <julie.veach@fcc.gov>.

\- **FCC** -

[^1]: *Vonage Holdings Corp. Petition for Declaratory Ruling Concerning
    an Order of the Minnesota Public Utilities Commission*, WC Docket
    No. 03-211 at 1 (filed Sept. 22, 2003).

[^2]: *Id.*

[^3]: *Id.* at iv.