DA 04-3857

Released: December 8, 2004

COMMENT AND REPLY COMMENT DATES FOR

NOTICE OF INQUIRY ON THE EFFECT OF FOREIGN MOBILE TERMINATION RATES ON
U.S. CUSTOMERS

# IB Docket No. 04-398

**COMMENTS DUE: January 14, 2005**

**REPLY COMMENTS DUE: February 14, 2005**

On October 14, 2004, the Commission adopted a Notice of Inquiry (*NOI*)
in IB Docket No. 04-398. This *NOI* seeks to develop a record on foreign
mobile termination rates. It also seeks to inquire whether U.S.
customers have adequate information and alternatives with regard to
foreign mobile termination rates and surcharges, and whether such
charges raise consumer concerns. A summary of the *NOI* was published in
the Federal Register on November 15, 2004.

Pursuant to sections 1.415 and 1.419 of the Commission's rules
interested parties may file comments in this proceeding on or before
January 14, 2005, and reply comments on or before February 14, 2005.[^1]
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.[^2]

Comments filed through the ECFS can be sent as an electronic file via
the Internet to <http://www.fcc.gov/cgb/ecfs/>. 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." 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. Each filing should also include an electronic
version of the comments filed. 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 mail
contractor, NATEK, 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. 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. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.

Comments submitted on diskette should be on a 3.5 inch diskette
formatted in an IBM-compatible format using Word for Windows or
compatible software. The diskette should be clearly labeled with the
commenter's name, captioned The Effect of Foreign Mobile Termination
Rates on U.S. Customers, IB Docket No. 04-398, type of pleading (comment
or reply comment), date of submission, and the name of the electronic
file on the diskette. The label should also include the following phrase
"Disk Copy -- Not an Original." Each diskette should contain only one
party's pleadings, preferably in a single electronic file.

All parties must file one copy of each pleading electronically or by
paper 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;
e-mail: <FCC@bcpiweb.com>; facsimile: (202) 488-5563; phone (202)
488-5300.

\(2\) James Ball, Chief, Policy Division, International Bureau, 445 12th
Street, S.W., Washington, D.C. 20554; e-mail: <James.Ball@fcc.gov>.

\(3\) Claudia Fox, Deputy Division Chief, Policy Division, International
Bureau, 445 12th Street, S.W., Washington, D.C. 20554; e-mail:
claudia.fox@fcc.gov.

\(4\) Francis Gutierrez, Attorney, Policy Division, International
Bureau, 445 12th Street, S.W., Washington, D.C. 20554; e-mail:
francis.gutierrez@fcc.gov.

\(5\) Mark Uretsky, Senior Economist, Policy Division, International
Bureau, 445 12th Street, S.W., Washington, D.C. 20554; e-mail:
mark.uretsky@fcc.gov.

Comments and reply comments must comply with section 1.49 and all other
applicable sections of the Commission's rules.[^3] All parties are
encouraged to include the name of the filing party and the date of the
filing on each page of their submission.

Commenters that file what they consider to be proprietary information
may request confidential treatment pursuant to section 0.459 of the
Commission's rules.[^4] Commenters should file both their original
comments for which they request confidentiality and redacted comments,
along with their request for confidential treatment. Commenters should
not file proprietary information electronically.[^5] Even if the
Commission grants confidential treatment, information that does not fall
within a specific exemption pursuant to the Freedom of Information Act
(FOIA) must be publicly disclosed pursuant to an appropriate
request.[^6] We note that the Commission may grant requests for
confidential treatment either conditionally or unconditionally. As such,
we note that the Commission has the discretion to release on public
interest grounds information that does fall within the scope of a FOIA
exemption.

Comments and reply comments and any other filed documents in this matter
may be obtained from Best Copy and Printing, Inc., in person at 445 12th
Street, S.W., Room CY-B402, Washington, D.C. 20554, via telephone at
(202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at
[FCC@bcpiweb.com](mailto:qualexint@aol.com). The pleadings also will be
available for public inspection and copying during regular business
hours in the FCC Reference Information Center, Room CY-A257, 445 Twelfth
Street, S.W., Washington, D.C. 20554 and through the Commission's
Electronic Filing System (ECFS) accessible on the Commission's World
Wide Website, [www.fcc.gov](http://www.fcc.gov/).

This matter shall be treated as an exempt proceeding in which *ex parte*
presentations are permitted (except during the Sunshine Agenda period)
and need not be disclosed.

For additional information on this proceeding, contact Francis
Gutierrez, francis.gutierrez@fcc.gov, or Mark Uretsky,
mark.uretsky@fcc.gov of the International Bureau, Policy Division, (202)
418-1460.

**- FCC -**

[^1]: 47 C.F.R. §§ 1.415, 1.419.

[^2]: ^?^ *See* Electronic Filing of Documents in Rulemaking
    Proceedings, 63 Fed. Reg. 24121 (1998).

[^3]: 47 C.F.R. § 1.49.

[^4]: ^?^ 47 C.F.R. § 0.459.

[^5]: ^?^ *See* *Examination of Current Policy Concerning the Treatment
    of Confidential Information Submitted to the Commission*, Report and
    Order, 13 FCC Rcd 24816 (1998), Order on Reconsideration, 14 FCC Rcd
    20128 (1999).

[^6]: ^?^ *See* 47 C.F.R. § 0.461; 5 U.S.C. § 552.