PUBLIC NOTICE

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**DA 00-778**

#  **Released: April 7, 2000**

**Nebraska Public Service Commission**

**Files Petition for Waiver of 47 C.F.R. § 51.507(f)**

**[Pleading Cycle Established]{.underline}**

**CCB/CPD NO. 00-08**

# 

> **Comment Date: April 17, 2000 Reply Date: April 24, 2000**

The Nebraska Public Service Commission filed a petition on March 27,
2000, for waiver of section 51.507(f) of the Commission's rules. Section
51.507(f) requires state commissions to establish at least three
deaveraged rate zones for the pricing of interconnection and unbundled
network elements (UNEs).[^1]

The Commission promulgated section 51.507(f), along with other local
pricing rules, in the August 1996 *Local Competition Order*.[^2]
Starting in September 1996, the U.S. Court of Appeals for the Eighth
Circuit stayed and then vacated the Commission's local pricing rules,
including Rule 51.315(b), on the grounds that the Commission lacked
jurisdiction over local pricing.[^3] On January 25, 1999, however, the
U.S. Supreme Court reversed the Eighth Circuit's decision with regard to
the Commission's local pricing authority.[^4] Because the section 251
pricing rules had not been in force for more than two years, the
Commission delayed the effectiveness of section 51.507(f) until May 1,
2000, so that states would have time to comply.[^5] The public service
commission asks for additional time to conclude its cost model
investigation.

Interested parties may file comments no later than April 17, 2000, with
the Secretary, FCC, 445 12^th^ Street, S.W., TW-A325, Washington, D.C.
20554. Replies to these comments should be filed with the Secretary no
later than April 24, 2000. When filing pleadings, please reference the
internal file number: CCB/CPD 00-08. In addition, one copy of each
pleading should be sent to International Transcription Services (ITS),
the Commission\'s duplicating contractor, at its office at 1231 20^th^
Street, N.W., Washington, D.C. 20036, to Neil Fried, Competitive Pricing
Division, 445 12^th^ Street, S.W., 5-B431, Washington, D.C. 20554, and
to Wanda Harris, Competitive Pricing Division, 445 12^th^ Street, S.W.,
5-A452. Copies of filings are available for inspection and copying
during normal business hours in the FCC's Reference Center, Room
CY-A257, 445 12^th^ Street, S.W., Washington, D.C. 20554. Copies also
can be obtained from ITS at 1231 20^th^ Street, N.W., Washington, D.C.
20036, (202) 857-3800 (voice), (202) 857-3805 (fax).

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 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).

For further information, contact Neil Fried, at (202) 418-1530 (voice)
or (202) 418-0484 (TTY).

Action by the Chief, Competitive Pricing Division, Common Carrier
Bureau, FCC.

[^1]: *See* 47 C.F.R. 507(e).

[^2]: *See In re* Implementation of the Local Competition Provisions of
    the Telecommunications Act of 1996, CC Docket No. 96-98, *Report and
    Order*, 11 FCC Rcd. 15499 (1996).

[^3]: *Iowa Utilities Board v. FCC*, 96 F. 3d 1116 (8th Cir. 1996) (per
    curium) (temporarily staying the *Local Competition Order* until the
    filing of the court's order resolving the petitioners' motion for
    stay); *Iowa Utilities Board v. FCC*, 109 F.3d 418 (8th Cir.)
    (dissolving temporary stay and granting petitioners' motion for
    stay, pending a final decision on the merits of the appeal), *motion
    to vacate stay denied*, 117 S. Ct. 429 (1996); *Iowa Utilities Board
    v. FCC*, 120 F.3d 753 (8th Cir. 1997) (vacating the Commission's
    pricing and combination rules).

[^4]: *AT&T v. Iowa Utilities Board*, 119 S. Ct. 721, 733, 738 (1999).

[^5]: *See In re* Deaveraged Rate Zones for Unbundled Network Elements,
    CC Docket No. 96-98, *Stay Order*, 14 FCC Rcd. 8300, 8300-01 (1999);
    *In re* Federal-State Joint Board on Universal Service, CC Docket
    No. 96-45, Ninth Report & Order and Eighteenth Order on
    Reconsideration, 14 FCC Rcd. 20432, 20492-93 (1999).