> DA 04-1495
>
> May 25, 2004

**NATIONAL ASSOCIATION OF STATE UTILITY CONSUMER ADVOCATES (NASUCA)
PETITION FOR DECLARATORY RULING REGARDING TRUTH-IN-BILLING AND BILLING
FORMAT**

**CG DOCKET NO. 04-208**

**PLEADING CYCLE ESTABLISHED**

**Comments Due: 30 Days After Publication in the Federal Register**

**Reply Comments Due: 45 Days After Publication in the Federal
Register**

On March 30, 2004, the National Association of State Utility Consumer
Advocates (NASUCA) filed a petition for a declaratory ruling prohibiting
telecommunications carriers -- both wireline and wireless - from
"imposing monthly line-item charges, surcharges or other fees on
customers' bills unless such charges have been expressly mandated by a
regulatory agency."[^1] NASUCA contends that all monthly line items are
subject to the "full and non-misleading billed charges" principle
adopted by the Commission in its *Truth-In-Billing Order.*[^2] Further,
NASUCA argues that carriers' current uses of line-item charges are
misleading and deceptive in their application, bear no demonstrable
relationship to the regulatory costs they purport to recover, and
therefore constitute unreasonable and unjust carrier practices and
charges.[^3]

Interested parties may file comments in this proceeding on or before the
30^th^ day after publication of this *Public Notice* in the Federal
Register, and reply comments may be filed on or before the 45^th^ day
after publication of this *Public Notice* in the Federal Register. When
filing comments, please reference CG Docket No. 04-208. 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. 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 e-mail to
<ecfs@fcc.gov>, and should include the following words in the subject
line: "get form \<your e-mail address\>." A sample form and directions
will be sent in reply.

Parties who choose to file by paper must send an original and four (4)
copies of the

comments to the Office of the Secretary, Federal Communications
Commission, 445 12^th^ Street, S.W., Room TW-A325, Washington, D.C.
20554. Two (2) copies of the comments should also be sent to the Policy
Division, Consumer & Governmental Affairs Bureau, Federal Communications
Commission, 445 12th Street, S.W., Room 4-C740, Washington, D.C. 20554,
Attention: Kelli Farmer. In addition, comments should be served upon the
Applicant. Commenters are also requested to fax their comments to the
FCC at (202) 418-2297, Attention: Kelli Farmer.

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, Natek, 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.

This proceeding is considered a "permit but disclose" proceeding for
purposes of the Commission's *ex parte* rules, 47 C.F.R. §§
1.1200-1.1216. Copies of any subsequently filed documents in this matter
will be available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II, 445
12^th^ Street, S.W., Room CY-A257, Washington, DC 20554. The petition
will be available for review and copying during regular business hours
at the FCC Reference Center, Portals II, 445 12^th^ Street, S.W., Room
CY-A257, Washington, D.C. 20554, (202) 418-0270. A copy of the
application may also be purchased from the Commission's copy contractor,
Qualex International, Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington, D.C. 20554, telephone (202) 863-2893, facsimile (202)
863-2898, or via e-mail at <qualexint@aol.com>.

Alternative formats (computer diskette, large print, audio recording and
Braille) are available to persons with disabilities by contacting the
Consumer & Governmental Affairs Bureau (CGB) at (202) 418-7426 (voice)
or (202) 418-7365 (TTY), or <FCC504@fcc.gov>.

**FOR FURTHER INFORMATION CONTACT:** Kelli Farmer, Consumer &
Governmental Affairs Bureau, Federal Communications Commission,
202-418-2512 (voice), <Kelli.Farmer@fcc.gov>.

\- FCC -

[^1]: *See* Petition for Declaratory Ruling, CC Docket No. 98-170, filed
    March 30, 2004.

[^2]: *See In the Matter of Truth-in-Billing and Billing Format*, CC
    Docket No. 98-170, First Report & Order and Further Notice of
    Proposed Rulemaking, 14 FCC Rcd 7492 (1999) (*Truth-In-Billing
    Order*).

[^3]: *See* Petition for Declaratory Ruling at p. 42.