> **DA 04-2116 \]**
>
> **July 13, 2004**

**PLEADING CYCLE ESTABLISHED FOR COMMENTS**

**ON VERIZON'S PETITION FOR WAIVER, OR, ALTERNATIVELY, FORBEARANCE, TO
ALLOW IT TO EXERCISE PRICING FLEXIBILITY FOR FAST PACKET SERVICES**

**WC Docket No. 04-246**

**Comments Due: August 3, 2004**

**Reply Comments Due: August 13, 2004**

Verizon Telephone Companies (Verizon) filed two petitions with the
Commission regarding pricing flexibility for certain fast packet
services on June 25, 2004. In its first petition, Verizon requests that
the Commission waive section 69.729 of its rules and paragraph 173
(Paragraph 173) of the Commission's *Pricing Flexibility Order*[^1] to
permit it to exercise pricing flexibility for certain advanced services
that rely on packetized technology, including Frame Relay, Asynchronous
Transfer Mode, and other packet-switched services other than DSL
(Advanced Services), in those areas where Verizon has already obtained
pricing flexibility for traditional special access services.[^2] In its
second petition, Verizon requests that, in the absence of a waiver, the
Commission exercise its authority pursuant to section 10 of the
Communications Act of 1934, as amended,[^3] to forbear from enforcing
section 69.729 of the Commission's rules and Paragraph 173.[^4]

In support of its petitions, Verizon filed an accompanying
memorandum,[^5] which asserts that, because the Commission has already
found that special access services generally qualify for pricing
flexibility in the areas at issue, the same relief should also apply to
Advanced Services.[^6] Verizon further contends that granting the
requested waiver will serve the public interest because it will enable
Verizon to compete more effectively in the market for Advanced
Services.[^7] Finally, Verizon argues that regulatory parity requires
that the Commission grant a waiver to permit Verizon to exercise pricing
flexibility for Advanced Services.[^8] In the alternative, Verizon
requests Commission forbearance to the extent necessary to allow Verizon
to exercise pricing flexibility for Advanced Services.[^9]

This Public Notice establishes certain procedural requirements relating
to consideration of Verizon's two petitions. 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. *See* 47 C.F.R. § 1.1206(b).

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
Verizon's petitions on or before **August 3, 2004** and reply comments
on or before **August 13, 2004.**

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) copies
of the comments and reply comments should also be sent to Deena Shetler,
Deputy Division Chief, Pricing Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12^th^ Street, SW, Room
5-A221, Washington, DC 20554. Also send copies via e-mail to Deena
Shetler and Marvin F. Sacks, Pricing Policy Division, Wireline
Competition Bureau, Federal Communications Commission, at
<deena.shetler@fcc.gov> and <marvin.sacks@fcc.gov>. One (1) copy must be
sent to Best Copy and Printing, Inc., Portals II, 445 12th Street, SW,
Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via
e-mail at [www.bcpiweb.com](http://www.bcpiweb.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
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). 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 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, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW, Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via
e-mail [www.bcpiweb.com](http://WWW.BCPIWEB.COM/).

For further information regarding this proceeding, contact Marvin F.
Sacks, Pricing Policy Division, Wireline Competition Bureau, (202)
418-1520, or via e-mail at Marvin.Sacks@fcc.gov.

\- **FCC** -

![](media/image2.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: *See* *Access Charge Reform*, CC Docket No. 92-262, Fifth Report
    and Order and Further Notice of Proposed Rulemaking, 14 FCC Rcd
    14221 (1999) (*Pricing Flexibility Order*).

[^2]: Petition for Waiver of Pricing Flexibility Rules for Fast Packet
    Services, WC Docket No. 04-246, Verizon Petition for Waiver to Allow
    it to Exercise Pricing Flexibility for Advanced Services where the
    Commission has Granted Relief for Traditional Special Access
    Services (filed June 25, 2004) (Verizon Waiver Petition).

[^3]: *See* 47 U.S.C. § 160 *et seq*.

[^4]: Petition for Forbearance under 47 U.S.C. Section 160(c) from
    Pricing Flexibility Rules for Fast Packet Services, WC Docket No.
    04-246, Verizon Petition, in the Alternative, for Forbearance to
    Allow it to Exercise Pricing Flexibility for Advanced Services where
    the Commission has Granted Relief for Traditional Special Access
    Services (filed June 25, 2004) (Verizon Forbearance Petition).

[^5]: Verizon Waiver Petition, Memorandum of Points and Authorities in
    Support of Verizon's Petition for Waiver of Pricing Flexibility
    Rules and Contingent Petition for Forbearance, WC Docket No.04-246
    (filed June 25, 2004) (Verizon Memorandum).

[^6]: Verizon Memorandum at 5-7.

[^7]: Verizon Memorandum at 7-12.

[^8]: Verizon Memorandum at 13-15.

[^9]: Verizon Memorandum at 15-19 (enforcement is not necessary to
    ensure against unjust, unreasonable or discriminatory charges or
    practices by Verizon or to protect consumers, and forbearance is
    consistent with the public interest).