# DA 00-1067

#  Released: May 15, 2000

COMMON CARRIER BUREAU SEEKS COMMENT ON THE REQUESTS FOR EMERGENCY
TEMPORARY RELIEF OF THE MINNESOTA CLEC CONSORTIUM AND THE RURAL
INDEPENDENT COMPETITIVE ALLIANCE ENJOINING AT&T CORP. FROM DISCONTINUING
SERVICE PENDING FINAL DECISION

> **CC Docket No. 96-262**
>
> **Comment Date: June 14, 2000**
>
> **Reply Date: June 29, 2000**

On February 18, 2000, the Rural Independent Competitive Alliance (RICA),
a coalition of competitive local exchange carriers (CLECs) serving rural
areas, and its members filed a request for emergency relief. On May 5,
2000, the Minnesota CLEC Consortium (Consortium) filed a similar request
for emergency relief. RICA and the Consortium request immediate
Commission action to prohibit AT&T Corp. (AT&T) from withdrawing its
interexchange services from the customers of RICA members, Consortium
members, and similarly situated CLECs. Both requests raise issues on
which the Commission previously sought comment in the *Access Charge
Reform FNPRM* released on August 27, 1999.[^1] RICA and the Consortium
contend that the Commission must prohibit AT&T from unilaterally
withdrawing its interexchange services from their members' customers so
as to prevent AT&T from prejudicing the rulemaking proceeding. RICA and
the Consortium further argue that they are entitled to injunctive relief
because (1) AT&T's actions are clearly illegal, making it likely that
RICA and the Consortium will succeed on the merits; (2) RICA and
Consortium members will suffer irreparable harm if the Commission does
not act; (3) AT&T will not be harmed if relief is granted; and (4) the
requested relief serves the public interest.

The Common Carrier Bureau seeks comment on these requests for relief.
Comments should address whether RICA and the Consortium have satisfied
the standard for emergency relief. Parties filing comments should not
repeat the arguments they made in their comments responding to the
*Access Charge Reform FNPRM*, but they may incorporate those arguments
by reference.

Interested parties may file comments on the requests for emergency
temporary relief of RICA and the Consortium on or before **June 14,
2000**. Reply comments are due on or before **June 29, 2000**. 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. 24,121 (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\>. 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, 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 choosing to file by paper must send an original and two copies
of each filing to Magalie Roman Salas, Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., TW-A325,
Washington, D.C. 20554. The filing date of pleadings is the date of
receipt. *See* 47 C.F.R. § 1.7. When filing pleadings, please reference
**CC Docket No. 96-262**. In addition, one copy of each pleading must be
sent to: Wanda Harris, Competitive Pricing Division, 445 12^th^ Street,
S.W., 5-A452; and International Transcription Services (ITS), the
Commission\'s duplicating contractor, at its office at 1231 20^th^
Street, N.W., Washington, D.C. 20036. Copies of filings are available
for inspection and copying during normal business hours in the FCC's
Reference Information 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). Pleadings also must be served on RICA and the
Consortium in accordance with the provisions of 47 C.F.R. §§ 1.47.

The full text of this document is 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. This document also may be purchased from the Commission's
copy contractor, International Transcription Service, Inc. (ITS), 1231
20th Street, N.W., Washington, D.C. 20036, telephone 202-857-3800,
facsimile 202-857-3805. In addition, this document may be viewed on the
Commission's Home Page (HYPERLINK
[http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001067.doc)]{.underline}

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 Lloyd Collier, 202-418-1530 (voice) or
(202) 418-0484 (TTY).

[^1]: *See* *In the Matter of Access Charge Reform*, CC Docket No.
    96-262, Fifth Report and Order and Further Notice of Proposed
    Rulemaking, 14 FCC Rcd 14221, 14341-42 (paras. 241-242) (1999)
    (*Access Charge Reform FNPRM*).