> **DA 03-1511**
>
> **RELEASED: May 5, 2003**

#### PLEADING CYCLE ESTABLISHED FOR COMMENTS ON

#### PETITION FOR DECLARATORY RULING THAT THE LOCATION OF THE DEMARCATION POINT PURSUANT TO 47 C.F.R. § 68.105(d)(2) PREEMPTS THE LOCATION OF THE DEMARCATION POINT PURSUANT TO § 25-4.0345(1)(B)(2) OF THE FLORIDA ADMINISTRATIVE CODE

**WC DOCKET NO 03-112**

**Comments Due: June 4, 2003**

**Reply Comments Due: June 19, 2003**

On May 2, 2003, ClickQuick II, LLC, San Marino at Laguna Lakes, L.L.C.
a/k/a Bear Lakes Associates, Ltd., and Villa Del Sol, L.L.C. a/k/a VDS
Associates, Ltd. (Petitioners) filed a petition for declaratory ruling
that the location of the demarcation point pursuant to 47 C.F.R.
§68.105(d)(2) preempts the location of the demarcation point pursuant to
§25-4.0345(1)(B)(2) of the Florida Administrative Code petition
requesting the Commission to declare that: (A) San Marino at Laguna
Lakes, L.L.C. and Villa Del Sol, L.L.C. have the right to set the
demarcation point at 6" on the carrier's side of the 66 block at the
properties they own pursuant to 47 C.F.R. §68.105(d)(2); (B) ClickQuick
II has the right to use the facilities on the customer's side of that
demarcation point without interference by BellSouth; and (C)
§25-4.0345(1)(B)(2) of the Florida Administrative Code is preempted to
the extent it conflicts with 47 C.F.R. §68.105(d)(2).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission\'s *ex parte* rules. *See* 47 C.F.R. §§
1.1200, 1.1206. Persons making oral *ex parte* presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentations 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. *See* 47
C.F.R. § 1.1206(b). Other rules pertaining to oral and written *ex
parte* presentations in permit-but-disclose proceedings are set forth in
Section 1.1206(b) of the Commission\'s rules, 47 C.F.R. § 1.1206(b).

Pursuant to Section 1.415 and 1.419 of the Commission's rules, 47 C.F.R.
§§ 1.415, 1.419, interested parties may file comments on the petition
for forbearance or before **June 4, 2003** and reply comments of or
before **June 19, 2003.** All filings must be addressed to the
Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, SW, Suite TW-A325,
Washington, DC 20554. Two (2) courtesy copies must be delivered to
Janice M. Myles, Federal Communications Commission, Wireline Competition
Bureau, Competition Policy Division, 445 12^th^ Street, SW, Suite
5-C327, Washington, DC 20554 and one (1) copy must be sent to Qualex
International, Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898,
or via e-mail qualexint@aol.com

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. 24121 (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, 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 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 12th Street, SW, Washington, D.C.
    20554.

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, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail
[**qualexint@aol.com**](mailto:qualexint@aol.com).

For further information regarding this proceeding contact Janice M.
Myles, <jmyles@FCC.gov>, Competition Policy Division, Wireline
Competition Bureau (202) 418-1580.

\- **FCC** -