> **DA 01-1647**

**PARTIES ASKED TO REFRESH THE RECORD REGARDING RECONSIDERATION OF RULES
ADOPTED IN THE 1997 *UNIVERSAL SERVICE FIRST REPORT AND ORDER***

**CC Docket No. 96-45**

**Release Date: July 11, 2001**

**Comment Date: 30 days after publication in the Federal Register Reply
Comment Date: 45 days after publication in the Federal Register**

Pursuant to section 1.106 of the Commission's rules, which governs
petitions for reconsideration, the Bureau invites interested parties to
update the record pertaining to petitions for reconsideration filed with
respect to the rules the Commission adopted in the First Report and
Order in CC Docket No. 96-45, Federal-State Joint Board on Universal
Service.[^1]

On May 8, 1997, the Commission released the *Universal Service First
Report and Order* as required by the 1996 Telecommunications Act. Many
parties filed petitions for reconsideration of that order. Since then,
there has been substantial litigation concerning many of the rules
adopted in the *Universal Service First Report and Order*.[^2] As a
result, many of the issues raised in the petitions for reconsideration
may no longer remain in dispute.

The Commission has refrained from considering many of the petitions for
reconsideration of the rules adopted in the *Universal Service First
Report and Order* until most of the litigated issues were resolved. Now
that issues in dispute have narrowed, the Commission will proceed to
address petitions for reconsideration relating to rules that are not the
subject of pending litigation.

Because these petitions were filed several years ago, the passage of
time and intervening developments may have rendered the records
developed by those petitions stale. For example, in addition to the
litigation mentioned above, the Commission has issued several orders on
reconsideration of the *Universal Service First Report and Order*.[^3]
Moreover, some issues raised in petitions for reconsideration may have
become moot or irrelevant in light of intervening events.

For these reasons, the Bureau requests that parties that filed petitions
for reconsideration of the *Universal Service First Report and Order* in
1997 now file a supplemental notice indicating which of such issues they
still wish to be reconsidered. In addition, parties may refresh the
record with any new information or arguments they believe to be relevant
to deciding such issues. To the extent parties do not indicate an intent
to pursue their respective petitions for reconsideration, the Commission
will deem such petitions withdrawn and they will be dismissed. The
refreshed record will enable the Commission to undertake appropriate
reconsideration of its universal service rules.

Interested parties may file comments updating their previously filed
petitions for reconsideration no later than **30 days after publication
of this Public Notice in the Federal Register**, and reply comments on
or before **45 days after publication of this Public Notice in the
Federal Register**. All filings are to reference **CC Docket No.
96-45**. 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. 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 electronic comments by
Internet e-mail. To receive 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. All filings must be sent to 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.
Parties also must send three paper copies of their filing to Sheryl
Todd, Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 Twelfth Street, S.W., Room 5-A422,
Washington, D.C. 20554. In addition, interested parties must send
diskette copies to the Commission\'s copy contractor, International
Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C.
20037. The original petitions for reconsideration that parties filed in
1997 are available for inspection and copying during normal business
hours in the FCC's Reference Center, Room CY-A257, 445 12^th^ Street,
SW, Washington, DC 20554. Copies can also be obtained from ITS at 1231
20^th^ Street, NW, Washington DC 20036 or by calling ITS at (202)
857-3800 or faxing ITS at (202) 857-3805.

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, Accounting Policy
Division, Common Carrier Bureau at (202) 418-7400, TTY (202) 418-0484.

[^1]: *Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, Report and Order, 12 FCC Rcd 8776 (1997) (*Universal Service
    First Report and Order*) (subsequent history omitted).

[^2]: *Texas Office of Public Utility Counsel v. FCC*, 183 F.3d 393
    (5^th^ Cir. 1999), *cert. denied*, 120 S.Ct. 2212 (2000), *cert.
    dismissed*, 121 S.Ct. 423 (2000); *Alenco Communications, Inc. v.
    FCC*, 201 F.3d 608 (5^th^ Cir. 2000).

[^3]: *See, e.g.*, *Federal-State Joint Board on Universal Service;
    Access Cap Reform, Price Cap Performance Review for Local Exchange
    Carriers, Transport Rate Structure and Pricing, End User Common Line
    Charge*, Fourth Order on Reconsideration in CC Docket No. 96-45,
    Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213,
    95-72, 13 FCC Rcd 5318 (1997); *Federal-State Joint Board on
    Universal Service*, CC Docket No. 96-45, Memorandum Opinion and
    Order and Seventeenth Order on Reconsideration, FCC 99-280 (rel.
    Oct. 13, 1999).