**DA 02-1853**

**WIRELINE COMPETITION BUREAU SEEKS COMMENT ON ACS OF FAIRBANKS, INC.
PETITION FOR DECLARATORY RULING AND OTHER RELIEF**

**PLEADING CYCLE ESTABLISHED**

**CC Docket 96-45**

**Released Date: August 1, 2002**

**Comment Date: September 3, 2002**

**Reply Comment Date: September 17, 2002**

The Wireline Competition Bureau seeks comment on ACS of Fairbanks,
Inc.'s (ACS-F) Petition for Declaratory Ruling and Other Relief, which
was filed on July 24, 2002.[^1]

ACS-F requests the Commission to declare that no competitive eligible
telecommunications carrier (CETC) that provides supported services using
loops purchased as unbundled network elements (UNEs) pursuant to Section
51.307 of the Commission's rules shall receive high-cost loop support
under Sections 36.601, *et seq*., and 54.307, unless the UNE price for
the loop exceeds 115 percent of the national average loop cost
calculated pursuant to Section 36.631.[^2] ACS-F also asks the
Commission to declare that no CETC whose loop costs are below this
threshold will receive high-cost loop support, and to order the
Universal Service Administrative Company to suspend high-cost loop
support payments to any CETC that does not meet this requirement.

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
C.F.R. §§1.415, 1.419, interested parties may file comments on or before
**September 3, 2002** and reply comments on or before **September 17,
2002**. 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\>. 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 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 who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear in the caption of this proceeding, commenters 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). The Commission's contractor, Vistronix, Inc., will
receive hand-delivered or messenger-delivered paper filings for the
Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 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 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 mail, Express
Mail, and Priority Mail should be addressed to 445 12^th^ Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the
Commission's Secretary Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission.

Parties also must send three paper copies of their filing to Sheryl
Todd, Telecommunications Access Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12^th^ Street S.W., Room
5-B540, Washington, D.C. 20554. In addition, commenters must send
diskette copies to the Commission's copy contractor, Qualex
International, Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554.

Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. §
1.1206, this proceeding will be conducted as a permit-but-disclose
proceeding in which *ex parte* communications are permitted subject to
disclosure.

For further information, contact Sheryl Todd, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400. TTY
(202) 418-0484.

[^1]: *See ACS of Fairbanks, Inc. Petition for Declaratory Ruling and
    Other Relief,* filed July 24, 2002.

[^2]: *See* 47 C.F.R. §§ 36.601 *et seq.*, 36.631, 51.307 and 54.307.
    Generally, Section 54.307 provides that a CETC shall receive support
    for each line it serves in a particular service area based on the
    support the incumbent local exchange carrier (LEC) would receive for
    each such line, and that a CETC that uses loops purchased as UNEs to
    provide the supported services shall receive the lesser of the UNE
    price for the loop or the incumbent LEC's per line payment from
    high-cost loop support and Long Term Support, if any.