Released: June 16, 2000

COMMISSION ASKS PARTIES TO UPDATE AND REFRESH

**RECORD ON MANDATORY DETARIFFING OF**

**CLEC INTERSTATE ACCESS SERVICES**

**DA 00-1268**

**CC Docket Nos. 96-262 and 97-146**

## COMMENTS: July 12, 2000

**REPLY COMMENTS: July 24, 2000**

The Commission has sought comment in two rulemaking dockets regarding
the regulatory or market-based approaches that would ensure that
competitive local exchange carrier (CLEC) rates for interstate access
are reasonable.[^1] Among the proposals discussed in these proceedings,
the Commission invited interested parties to comment on whether
mandatory detariffing of CLEC interstate access service rates would
provide a market-based deterrent to excessive terminating access
charges.[^2] This Public Notice invites parties to update and refresh
the records of these proceedings regarding mandatory detariffing of CLEC
interstate access services.

On April 28, 2000, the court of appeals upheld the Commission's 1996
order requiring detariffing for interstate, domestic, interexchange
services of nondominant interexchange carriers.[^3] On May 1, 2000, the
court lifted the stay of the *IXC Detariffing Order* and the rules
adopted in the order became effective.[^4] In light of the court's
ruling, we invite parties to update and refresh the record regarding
mandatory detariffing of CLEC interstate access services.

Specifically, commenters should discuss whether and, if so, how
mandatory detariffing: (1) addresses any market failure to constrain
terminating access rates; (2) provides a market-based solution to
excessive terminating charges by encouraging parties to negotiate
terminating access charges; (3) provides the same benefits identified in
the *Hyperion Order and NPRM* for permissive detariffing; (4) offers
additional public interest benefits beyond permissive detariffing; (5)
precludes the use of the filed rate doctrine to nullify contractual
arrangements; (6) reduces the administrative burden on the Commission of
maintaining tariffs; and (7) reduces the economic burden on the
non-ILECs of filing tariffs.

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).

Interested parties are requested to provide comments on or before July
12, 2000. Reply comments may be filed no later than July 24, 2000.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies[^5][^6]

Comments filed through ECFS can be sent as an electronic file via the
Internet to HREF=\"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 also may submit an electronic comment by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an
e-mail message to HREF=\"mailto:ecfs@fcc.gov\" and include "get form
\<your e-mail address\>" in the body of the message. A sample form and
directions will be sent in reply. Parties who choose to file by paper
must file an original and four copies of each filing with the
Commission\'s Secretary, Magalie Roman Salas, Office of the Secretary,
Federal Communications Commission, 445 - 12th Street, S.W., TW-A325,
Washington, D.C. 20554. In addition, one copy of each pleading must be
filed with International Transcription Services (ITS), the Commission\'s
duplicating contractor, at its

office at 1231 - 20th Street, N.W., Washington, D.C. 20036, and one copy
with the Chief, Competitive Pricing Division, 445 -- 12th Street, S.W.,
TW -- A225, Washington, D.C. 20554.

For additional assistance, contact Josephine Scarlett, Competitive
Pricing Division, Common Carrier Bureau (202) 418-1520.

[^1]: *Access Charge Reform,* CC Docket No. 96-262, Notice of Proposed
    Rulemaking, Third Report and Order, and Notice of Inquiry, 11 FCC
    Rcd 21354 (1996) (*NPRM*); *Access Charge Reform,* CC Docket No.
    96-262*,* Fifth Report and Order and Further Notice of Proposed
    Rulemaking, 14 FCC Rcd 14221 (1999) (*Further NPRM*); *Hyperion
    Telecommunications, Inc. and Time Warner Petitions for Forbearance,
    Complete Detariffing for Competitive Access Providers and
    Competitive Local Exchange Carriers*, CC Docket No. 97-146,
    Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12
    FCC Rcd 8596 (1997) (*Hyperion Order and NPRM*). *See also* *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, Public Notice, DA
    00-1067 (Com.Car.Bur., May 15, 2000).

[^2]: *NPRM*, 11 FCC Rcd at 21475; *Further NPRM,* 14 FCC Rcd at 14343;
    *Hyperion Order and NPRM*, 12 FCC Rcd at 8613.

[^3]: *MCI WorldCom v. FCC*, 209 F.3d 760 (D.C. Cir. 2000); *Policy and
    Rules Concerning the Interstate, Interexchange Marketplace*, CC
    Docket No. 96-61, Second Report and Order, 11 FCC Rcd 20730 (1996)
    (*IXC Detariffing Order*).

[^4]: *MCI WorldCom v. FCC*, No. 96-1459, slip op. (D.C. Cir., May 1,
    2000).

[^5]: ^.^

[^6]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    Fed. Reg. 24,121 (1998).