**DA 06-2056**

**October 18, 2006**

**PLEADING CYCLE ESTABLISHED FOR COMMENTS**

**ON MOTION TO COMPEL DISCLOSURE OF**

**CONFIDENTIAL INFORMATION PURSUANT TO PROTECTIVE ORDER**

**AND MOTION TO DISMISS**

**WC Docket No. 06-172**

**Comments Due: October 30, 2006**

**Reply Comments Due: November 6, 2006**

On October 11, 2006, Broadview Networks, Inc., Covad Communications
Group, NuVox Communications, Inc. and XO Communications, Inc. (CLEC
Parties) submitted a "Motion to Compel Disclosure of Confidential
Information Pursuant to Protective Order."[^1] The CLEC Parties claim
that the Verizon Telephone Companies (Verizon) have limited access to
certain information Verizon designated as confidential and submitted in
support of the six petitions Verizon filed pursuant to section 10 of the
Communications Act of 1934, as amended,[^2] that are the focus of this
proceeding.[^3] Specifically, the CLEC Parties claim that Verizon has
been redacting certain "CLEC and customer proprietary" information when
providing copies of its Petitions and supporting documentation to
individuals who have signed the Protective Order in this proceeding.[^4]
In particular, the Motion to Compel contends that Verizon did not
disclose to the CLEC Parties certain carrier-specific information
pertaining to entities other than the CLEC Parties and Verizon. The CLEC
Parties claim that the terms and conditions of the Protective Order in
this proceeding do not authorize Verizon unilaterally to limit the scope
of its disclosure,[^5] and that lack of access to all of the information
on which Verizon intends the Commission to rely in this proceeding
"substantially threatens the integrity of this proceeding."[^6]

In addition, on October 16, 2006, ACN Communications Services, Inc. *et
al*. filed a "Motion to Dismiss" in this docket, seeking the dismissal
of Verizon's Petitions on the basis that the Petitions rely on
information allegedly used by Verizon in violation of its legal
duties.[^7] Specifically, these movants contend that Verizon's use of
E911 data for regulatory advocacy is barred by the express terms of its
interconnection agreements with competitive LECs. As a result of this
allegation, and other related allegations, these movants argue that
Verizon's Petitions should be stricken and dismissed "to prevent further
misuse" of this data.[^8]

By this Public Notice, we seek comment on the substantive and procedural
issues raised by the Motion to Compel and Motion to Dismiss. Pursuant to
Section 1.1 of the Commission's rules, 47 C.F.R. § 1.1, interested
parties may file comments on the Motion to Compel and Motion to Dismiss
on or before **October 30, 2006** and reply comments on or before
**November 6, 2006**. All such pleadings should refer to **WC Docket No.
06-172 and DA Number 06-2056**. All filings must be addressed to the
Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12th Street, SW, Suite TW‑A325,
Washington, DC 20554.

Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies. *See Electronic Filing of Documents in
Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers 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, filers should send
        an e-mail to <ecfs@fcc.gov>, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

```{=html}
<!-- -->
```
-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

> 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). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 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]{.underline} 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, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington DC 20554.

**In addition, one copy of each filing must be sent to each of the
following:**

1\. The Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street, Suite CY-B402, Washington, DC 20554, telephone
202-488-5300, facsimile 202-488-5563, or via e-mail <FCC@BCPIWEB.COM>.

2\. Janice M. Myles, Federal Communications Commission, Wireline
Competition Bureau, Competition Policy Division, 445 12th Street, SW,
Suite 5-C327, Washington, DC 20554, or via e-mail
<janice.myles@fcc.gov>.

3\. Renee Crittendon, Federal Communications Commission, Wireline
Competition Bureau, Competition Policy Division, 445 12th Street, SW,
Suite 5-C122, Washington, DC 20554, or via e-mail
<Renee.Crittendon@fcc.gov>.

4\. Jeremy Miller, Federal Communications Commission, Wireline
Competition Bureau, Competition Policy Division, 445 12th Street, SW,
Suite 5-B145, Washington, DC 20554, or via e-mail
<Jeremy.Miller@fcc.gov>.

5\. Tim Stelzig, Federal Communications Commission, Wireline Competition
Bureau, Competition Policy Division, 445 12th Street, SW, Suite 5-C115,
Washington, DC 20554, or via e-mail <Tim.Stelzig@fcc.gov>.

6\. Diane Griffin Holland, Federal Communications Commission, Office of
General Counsel, Administrative Law Division, 445 12th Street, SW, Suite
8-A638, Washington, DC 20554, or via e-mail <Diane.Griffin@fcc.gov>.

**People with Disabilities**: To request materials in accessible formats
for people with disabilities (braille, large print, electronic files,
audio format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC,
20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW, Room CY-B402, Washington, DC, 20554, telephone 202-488-5300,
facsimile 202-488-5563, or via e-mail <FCC@BCPIWEB.COM>.

For further information regarding this proceeding, contact Tim Stelzig,
Competition Policy Division, Wireline Competition Bureau, (202)
418-0942.

\- FCC -

[^1]: *See* Letter from Brett Heather Freedson, Counsel for CLEC
    Parties, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 06-172
    Attach. (filed Oct. 11, 2006), *amended by* Letter from Brett
    Heather Freedson, Counsel for CLEC Parties, to Marlene H. Dortch,
    Secretary, FCC, WC Docket No. 06-172 Attach. (filed Oct. 13, 2006)
    (jointly, Motion to Compel).

[^2]: *See* 47 U.S.C. § 160.

[^3]: Verizon requested that the Commission forbear from applying to
    Verizon certain obligations in the Boston, New York, Philadelphia,
    Pittsburgh, Providence, and Virginia Beach Metropolitan Statistical
    Areas (MSAs). Petition of the Verizon Telephone Companies for
    Forbearance Pursuant to 47 U.S.C. § 160(c) in the Boston
    Metropolitan Statistical Area, WC Docket No. 06-172 (filed Sept. 6,
    2006) (Verizon Boston Petition); Petition of the Verizon Telephone
    Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) in the New
    York Metropolitan Statistical Area, WC Docket No. 06-172 (filed
    Sept. 6, 2006) (Verizon New York Petition); Petition of the Verizon
    Telephone Companies for Forbearance Pursuant to 47 U.S.C. § 160(c)
    in the Philadelphia Metropolitan Statistical Area, WC Docket No.
    06-172 (filed Sept. 6, 2006) (Verizon Philadelphia Petition);
    Petition of the Verizon Telephone Companies for Forbearance Pursuant
    to 47 U.S.C. § 160(c) in the Pittsburgh Metropolitan Statistical
    Area, WC Docket No. 06-172 (filed Sept. 6, 2006) (Verizon Pittsburgh
    Petition); Petition of the Verizon Telephone Companies for
    Forbearance Pursuant to 47 U.S.C. § 160(c) in the Providence
    Metropolitan Statistical Area, WC Docket No. 06-172 (filed Sept. 6,
    2006) (Verizon Providence Petition); Petition of the Verizon
    Telephone Companies for Forbearance Pursuant to 47 U.S.C. § 160(c)
    in the Virginia Beach Metropolitan Statistical Area, WC Docket No.
    06-172 (filed Sept. 6, 2006) (Verizon Virginia Beach Petition)
    (collectively, Verizon Petitions).

[^4]: *See* Motion to Compel at 2, 4-5; *see also* Petitions of the
    Verizon Telephone Companies for Forbearance Pursuant to 47 U.S.C. §
    160(c) in the Boston, New York, Philadelphia, Pittsburgh, Providence
    and Virginia Beach Metropolitan Statistical Areas, WC Docket No.
    06-172, Protective Order, DA No. 06-1870 (WCB rel. Sept. 14, 2006).

[^5]: *See* *id*. at 2, 4-6.

[^6]: *See id*. at 5.

[^7]: Letter from Andrew D. Lipman *et al.*, Counsel for ACN
    Communications Services, Inc. *et al*., to Marlene H. Dortch,
    Secretary, FCC, WC Docket No. 06-172 (filed Oct. 16, 2006) (Motion
    to Dismiss).

[^8]: *See id*. at 6.