DA 02-1171

May 16, 2002

**COMMENTS SOUGHT ON THE COMMISSION'S POLICIES FOR REGULATING
PRESUBSCRIBED INTEREXCHANGE CARRIER CHARGES**

**CC Docket No. 02-53**

**COMMENTS DUE: June 14, 2002**

**REPLY COMMENTS DUE: July 1, 2002**

On March 20, 2002, the Commission released a Notice of Proposed
Rulemaking to examine presubscribed interexchange carrier (PIC)-change
charges.[^1] Through this *Notice*, the Commission seeks comment on
whether to base the PIC-change charge on an examination of carrier costs
or whether to rely on market forces to set reasonable rates. The
Commission will consider what costs carriers reasonably can recover
through the PIC-change charge and whether to take non-cost factors into
account in determining a reasonable charge. The Commission will also
examine whether to establish a national safe harbor within which a
PIC-change charge is considered reasonable, whether carriers should
submit individualized cost support with their tariffs, or whether the
Commission should review rates solely through its enforcement processes.
The Commission seeks comment on these issues, as well as any alternative
means of ensuring the reasonableness of PIC-change charges. A summary of
the *Notice* is published in the Federal Register at 67 Fed. Reg. 34665
(May 15, 2002).

Pursuant to sections 1.415 and 1.419 of the Commission's rules,[^2]
interested parties may file comments on or before **June 14, 2002**, and
reply comments on or before **July 1, 2002**. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies.[^3]

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 filing 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 copy 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 email address\>." A sample form
and directions will be sent in reply. Commenters also may obtain a copy
of the ASCII Electronic Transmittal Form (FORM-ET) at
<http://www.fcc.gov/e-file/email.html>.

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, Office of the Secretary, Federal Communications
Commission.

Regardless of whether parties choose to file electronically or by paper,
parties should also file one copy of any documents filed in this docket
with the Commission's copy contractor, Qualex International, Portals II,
445 12^th^ Street S.W., CY-B402, Washington, D.C. 20554 (telephone
202-863-2893; facsimile 202-863-2898) or via e-mail at
<qualexint@aol.com>. In addition, one copy of each submission must be
filed with the Chief, Pricing Policy Division, 445 12^th^ Street, S.W.,
Room 5-A225, Washington, D.C. 20554. Documents filed in this proceeding
will be available for public inspection during regular business hours in
the Commission's Reference Information Center, 445 12^th^ Street, S.W.,
Washington, D.C. 20554, and will be placed on the Commission's Internet
site.

This *Notice* contains either a proposed or modified information
collection. As part of the continuing effort to reduce paperwork
burdens, we invite the general public and the Office of Management and
Budget (OMB) to comment on the information collections contained in this
*Notice*, as required by the Paperwork Reduction Act of 1995.[^4]
Written comments by the public on the proposed and/or modified
information collections are due on the same day as comments on the NPRM,
i.e., on or before **June 14, 2002**. Written comments must be submitted
by OMB on the proposed and/or modified information collections on or
before **July 15, 2002**. In addition to filing comments with the
Secretary, a copy of any comments on the information collections
contained herein should be submitted to Judith B. Herman, Federal
Communications Commission, Room 1-C804, 445 12^th^ Street, S.W.,
Washington, D.C. 20554, or via the Internet to <jbherman@fcc.gov>, and
to Jeanette Thornton, OMB Desk Officer, Room 10236 NEOB, 725 17^th^
Street, N.W., Washington, D.C. 20503 or via the Internet to
<JThornto@omb.eop.gov>.

This proceeding will be governed by "permit-but-disclose" *ex parte*
procedures that are applicable to non-restricted proceedings under
section 1.1206 of the Commission's rules.[^5] 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 generally
is required.[^6] Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well. Interested
parties are to file any written *ex parte* presentations in this
proceeding with the Commission's Secretary, Marlene H. Dortch, 445
12^th^ Street, S.W., TW-B204, Washington, D.C. 20554, and serve with
three copies: Pricing Policy Division, Wireline Competition Bureau,
445 12^th^ Street, S.W., Room 5-A452, Washington, D.C. 20554, Attn:
Jennifer McKee. Parties shall also serve with one copy: Qualex
International, Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554, (202) 863-2893.

For further information, please contact Jennifer McKee, Pricing Policy
Division, Wireline Competition Bureau, at (202) 418-1530 or
<jmckee@fcc.gov>.

**- FCC -**

[^1]: *Presubscribed Interexchange Carrier Charges*, CC Docket No.
    02-53, Order and Notice of Proposed Rulemaking, FCC 02-79 (rel. Mar.
    20, 2002) (*Notice*).

[^2]: 47 C.F.R. §§ 1.415, 1.419.

[^3]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, para.
    8 (1998).

[^4]: 44 U.S.C. § 3501 *et seq*.

[^5]: 47 C.F.R. § 1.1206.

[^6]: *See* 47 C.F.R. § 1.1206(b)(2).