**DA 05-146**

**Released: January 21, 2005**

> CONSOLIDATED PLEADING CYCLE ESTABLISHED FOR CONNECT2 INTERNET NETWORK,
> INC. APPEALS OF FUND RECOVERY DECISIONS OF THE UNIVERSAL SERVICE
> ADMINISTRATOR
>
> CC Docket No. 02-06

**Comments Due: February 22, 2005**

**Reply Comments Due: March 9, 2005**

The Wireline Competition Bureau seeks comment on several requests for
review filed by Connect2 Internet Network, Inc. (Connect2). Connect2
appeals several decisions of the Universal Service Administrative
Company (USAC) concerning the recovery of funds previously disbursed to
Connect2. Specifically, Connect2 argues that: (1) a previous criminal
settlement with the Department of Justice precludes USAC and the
Commission from recovering additional monies; (2) Connect2 never
received a copy of the audit report performed by the Commission's Office
of the Inspector General (OIG) and therefore never had an opportunity to
respond to the allegations set forth in the OIG audit report; (3) the
amount of monies sought by USAC is inconsistent with the amounts deemed
to have been erroneously disbursed by the OIG audit; and (4) the
recovery amounts are *de minimus* and will require expenditures for
recovery that exceed the amount sought.[^1] On December 27, 2004,
Connect2 filed three additional requests for review of USAC decisions
related to Funding Years 1999 and 2000. In its three December 27, 2004
filings, Connect2 reiterates the arguments noted above. In addition,
Connect2 seeks a waiver of the deadline for appealing USAC's decisions,
arguing that Connect2 never received USAC's Commitment Adjustment
Letters seeking recovery for monies disbursed in Funding Years 1999 and
2000.[^2]

We establish a consolidated pleading cycle for all five Connect2
Petitions. 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 **February 22, 2005**, and reply comments on or before
**March 9, 2005**. All pleadings are to reference **CC Docket No.
02-6**. Comments may be filed using: (1) the Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

Comments filed through the ECFS can be sent as an electronic file via
the Internet to <http://www.fcc.gov/cgb/ecfs/>. 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 appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number.

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
appears 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). One (1) courtesy copy should also be sent to Sheryl Todd,
Wireline Competition Bureau, FCC, Room 5-B540, 445 12^th^ Street, SW,
Washington, DC 20554.

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, SW,
Washington, D.C. 20554.

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 not merely a listing of
the subjects discussed. More than a one- or two- sentence description of
the views and arguments presented is generally 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).

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, SW, Room CY-A257, Washington, DC 20554. The complete text of
this Public Notice may be purchased from the Commission's duplicating
contractor, BCPI, Portals II, 445 12^th^ Street, SW, Room CY-B402,
Washington, DC 20554, telephone (202) 863-2893, facsimile (202)
863-2898, or via e-mail at [www.bcpiweb.com](http://www.bcpiweb.com/).

To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer and Governmental Affairs Bureau
at 202-418-0530 (voice) or 202-418-0432 (TTY). This *Public Notice* can
also be downloaded in Word and Portable Document Format at
<http://www.fcc.gov/cgb/dro>.

For further information, please contact Erica Myers, Telecommunications
Access Policy Division, Wireline Competition Bureau, at (202) 418-7400.

**-FCC-**

[^1]: *See, e.g.*, Connect2 Internet Network, Inc., Request for Review,
    CC Docket No. 02-06, filed December 13, 2004, at 2.

[^2]: *See, e.g.*, Connect2 Internet Network, Inc., Consolidated Request
    for Review and Petition for Waiver, CC Docket No. 02-06, December
    27, 2004, at 1-2. *See* 47 C.F.R. § 54.720.