**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., SW**

**Washington, D.C. 20554**

**DA 01-1348**

###  **Released: June 4, 2001**

#### **PLEADING CYCLE ESTABLISHED FOR COMMENTS ON**

**MPOWER PETITION FOR FORBEARANCE AND RULEMAKING**

# CC Docket No. 01-117

## COMMENTS July 3, 2001

**REPLY COMMENTS July 18, 2001**

On May 25, 2001, Mpower Communications Corp. (Mpower) filed a petition
for forbearance and rulemaking requesting that the Commission establish
a new flexible contract mechanism, which would be in addition to the UNE
"safety net." Mpower calls this mechanism a "FLEX contract." According
to Mpower, "FLEX contracts" would encourage incumbent local exchange
carriers (ILECs) and competitive local exchange carriers (CLECs) to
negotiate wholesale package deals that any similarly situated CLEC could
opt in on a fair and non-discriminatory basis. Mpower requests that for
FLEX contracts, the Commission: (1) forbear from application or
enforcement of section 252(i) "pick and choose" requirements; (2)
forbear from application or enforcement of section 252(e) provisions
regarding submission of FLEX contracts to state commissions for approval
or enforcement; and (3) institute a rulemaking to establish a federal
program for notification, opt-in, and enforcement of FLEX contracts.

Interested parties may file comments regarding the Mpower petition no
later **July 3, 2001,** with the Secretary, FCC at 445 12^th^ Street,
SW, TW-B204, Washington, DC 20554. Oppositions or responses to these
comments may be filed with the Secretary, FCC no later than **July 18,
2001**. All pleadings are to reference **CC Docket No. 01-117.**
Interested parties should file an original and seven copies of all
pleadings. An additional copy of all pleadings must also be sent to
Janice M. Myles, Common Carrier Bureau, FCC, Room 5-C327, 445 12^th^
Street, SW, TW-B204, Washington, DC 20554, and to the Commission's
contractor for public services records duplication, International
Transcription Services, Inc. (ITS), 445 12^th^ Street, S.W., CY-B402,
Washington, DC 20554. The Mpower petition is available for inspection
and copying during normal business hours in the FCC's Reference Center,
Room CY-A257, 445 12^th^ Street, SW, TW-A325, Washington, DC 20554.
Copies also can be obtained from ITS at 445 12^th^ Street, S.W.,
CY-B402, Washington, DC 20554, 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>. 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>, 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.

We will treat this proceeding as permit, but disclose for purposes of
the Commission's *ex parte* rules. *See generally* 47 C.F.R. §§
1.1200-1.1216. 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. *See* 47 C.F.R. §
1.1206(b)(2), as revised. 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 serve Janice M. Myles
and ITS, with 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 Janice M. Myles, Policy and Program
Planning Division, Common Carrier Bureau, at (202) 418-1580, e-mail
<jmyles@fcc.gov>.

\- FCC -