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**DA 01-1658**

**Released July 12, 2001**

**PARTIES ASKED TO REFRESH RECORD REGARDING RECONSIDERATION OF RULES
ADOPTED IN 1996 IN *LOCAL COMPETITION* DOCKET**

**CC Docket No. 96-98**

Pursuant to the Commission's rules governing petitions for
reconsideration,[^1] the Commission invites interested parties to update
the record pertaining to petitions for reconsideration filed with
respect to the rules adopted by the Commission in the Second Report and
Order in CC Docket No. 96-98, *Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996*.[^2]

On August 8, 1996, the Commission released the *Local Competition Second
Report and Order* as required by the Telecommunications Act of 1996.[^3]
Many parties filed petitions for reconsideration of that order.[^4] The
Commission subsequently resolved a majority of these petitions,[^5] but
due to the significant litigation arising from the rules adopted in the
*Local Competition Second Report and Order*, several petitions remain
unresolved. Specifically, the remaining petitions seek reconsideration
of the rules governing intraLATA toll dialing parity pursuant to section
251(b)(3) of the Act,[^6] and network change disclosure rules pursuant
to section 251(c)(5) of the Act.[^7] Because many of these petitions
were filed some time ago, the passage of time and intervening
developments may have rendered the records developed for those petitions
stale. Moreover, some issues raised in petitions for reconsideration may
have become moot or irrelevant in light of intervening events.

For these reasons, the Common Carrier Bureau requests that parties that
filed petitions for reconsideration following the release of the *Local
Competition Second Report and Order* identify issues from that order
that remain unresolved now and supplement those petitions, in writing,
to indicate which findings and rules they still wish to be reconsidered.
To the extent that intervening events have materially altered the
circumstances surrounding filed petitions or the relief sought by filing
parties, those entities may refresh the record with new information or
arguments related to their original filings that they believe to be
relevant to the issues. The previously filed petitions will be deemed
withdrawn and will be dismissed if parties do not indicate in writing an
intent to pursue their respective petitions for reconsideration. The
refreshed record will enable the Commission to undertake appropriate and
expedited reconsideration of its local competition rules.

Interested parties may file supplemental comments updating their
previously filed petitions for reconsideration no later than **30 days
after this Public Notice appears in the Federal Register**, with the
Secretary, FCC at 445 12th Street, SW, TW-A325, Washington, DC 20554.
Oppositions or responses to these comments may be filed with the
Secretary, FCC no later than **45 days after this Public Notice appears
in the Federal Register**. All pleadings are to reference **CC Docket
No. 96-98**. Interested parties should file an original and seven copies
of all pleadings. An additional copy of all pleadings should also be
sent to Dennis Johnson, Common Carrier Bureau, FCC, Room 6-A207, 445
12th Street, SW, TW-A325, Washington, DC 20554, and to the Commission's
contractor for public services records duplication, International
Transcription Services, Inc. (ITS), 1231 20th Street, NW, Washington, DC
20036. The original petitions for reconsideration that parties filed in
1996 are available for inspection and copying during normal business
hours in the FCC\'s Reference Center, Room CY-A257, 445 12th Street, SW,
TW-A325, Washington, DC 20554. Copies also can be obtained from ITS at
1231 20th Street, NW, Washington, DC 20036 or by calling ITS at (202)
857-3800 or faxing ITS at (202) 857-3805.

Comments filed through the ECFS can be sent as an electronic file via
the Internet to [http://www.fcc.gov/e-file/efcs.html]{.underline}.
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 for each docket or rulemaking number referenced in the caption.
In completing the transmittal screen, commenters should include their
full name, 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 [efcs@fcc.gov]{.underline}, 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.

This proceeding is considered "permit, but disclose" for purposes of the
Commission's *ex parte* rules.[^8] Parties making oral *ex parte*
presentations are reminded that memoranda summarizing the presentation
must contain a summary 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 is generally
required.[^9] Other rules pertaining to oral and written presentations
are set forth in section 1.1206(b) as well. Interested parties are to
file with the Secretary, FCC, and provide to Dennis Johnson, Common
Carrier Bureau and ITS, copies of any written *ex parte* presentations
or summaries of oral *ex parte* presentations in these proceedings in
the manner specified above.

For further information, contact Dennis Johnson, Network Services
Division, Common Carrier Bureau, at (202) 418-2320, e-mail
[dcjohnso@fcc.gov]{.underline}.

\- FCC -

[^1]: 47 C.F.R. § 1.106.

[^2]: *Implementation of the Local Competition Provisions of the
    Telecommunications Act of 1996*, CC Docket No. 96-98, Second Report
    and Order and Memorandum Opinion and Order, 11 FCC Rcd 19392 (1996)
    (*Local Competition Second Report and Order), vacated in part*,
    *People of the State of California v. FCC*, 124 F.3d 934 (8^th^ Cir.
    1997), *rev*. *AT&T Corp. v. Iowa Util. Bd*., 119 S.Ct. 721 (Jan.
    25, 1999).

[^3]: *Telecommunications* *Act of 1996*, Pub. L. No. 104-104, 110 Stat.
    56 (1996 Act) (codified at 47 U.S.C. §§ 151 *et seq*.)*.*
    Hereinafter, all citations to the 1996 Act will be to the 1996 Act
    as it is codified in the United States Code. The 1996 Act amended
    the Communications Act of 1934. We will refer to the Communications
    Act of 1934, as amended, as \"the Communications Act\" or \"the
    Act.\"

[^4]: For a list of parties that filed petitions for reconsideration of
    the Local Competition Second Report and Order, see *Implementation
    of the Telecommunications Act of 1996, Telecommunications Carrier\'s
    Use of Customer Proprietary Network Information and Other Customer
    Proprietary Network Information and Other Customer Information,
    Implementation of the Local Competition Provisions of the
    Telecommunications Act of 1996, Provision of Directory Listing
    Information under the Telecommunications Act of 1934, as Amended*,
    Third Report and Order, CC Docket No. 96-115, Second Order on
    Reconsideration, CC Docket No. 96-98, and Notice of Proposed
    Rulemaking, CC Docket No. 99-273, 14 FCC Rcd 15550, at Appendix "A"
    (SLI/DA Order and Notice).

[^5]: *See, e.g.* *Implementation of the Local Competition Provisions of
    the Telecommunications Act of 1996,* CC Docket No. 96-98, First
    Order on Reconsideration, FCC 99-170, (rel. July 19, 1999), SLI/DA
    Order and Notice (Second Order on Reconsideration), 14 FCC Rcd 15550
    (1999), Third Order on Reconsideration and Memorandum Report and
    Order, FCC 99-243 (rel. October 21, 1999).

[^6]: *See* 47 U.S.C. §§ 251(b)(3).

[^7]: ^?^ *See* 47 U.S.C. §§ 251(c)(5).

[^8]: *See generally* 47 C.F.R. §§ 1.1200-1.1216.

[^9]: *See* 47 C.F.R. § 1.1206(b)(2).