> **DA 08-2035**
>
> Released: September 3, 2008

**PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR
RECONSIDERATION OF THE COMMISSION'S *FIFTH 706 REPORT***

**GN DOCKET NO. 07-45**

**Comments Due: September 17, 2008**

**Reply Comments Due: September 24, 2008**

On July 11, 2008, Consumers Union, Consumer Federation of America, and
Free Press (Petitioners) filed a petition for reconsideration of the
Commission's *Fifth 706 Report*, released on June 12, 2008.[^1] The
petition requests that the Commission reconsider its conclusion that
advanced telecommunications capability is being deployed to all
Americans in a reasonable and timely fashion.[^2] Petitioners argue that
the Commission failed to take certain facts and arguments into account
in the *Fifth 706 Report*, including that "nearly all the commercially
available broadband services in the U.S. are highly asymmetric one-way
technologies."[^3]

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 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 **September 17, 2008**, and reply comments on or before
**September 24, 2008**. All pleadings should reference **GN Docket No.
07-45.**

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Suite TW-A325, Washington, DC 20554. Parties should
also send a copy of their filings to the Competition Policy Division,
Wireline Competition Bureau, Federal Communications Commission, 445 12th
Street, SW, Washington, DC 20554, or by e-mail to CPDcopies@fcc.gov.
Parties shall also serve one copy with the Commission's copy contractor,
Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW,
Room CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
fcc@bcpiweb.com.

Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers 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, filers should send
        an e-mail to ecfs@fcc.gov and include the following words in the
        body of the message: get form \<your email address\>. A sample
        form and directions will be sent in response.

-   Paper Filers: 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, filers
    must submit two additional copies for each additional docket or
    rulemaking number. Parties are strongly encouraged to file comments
    electronically using the Commission's ECFS.

> 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). All filings must be addressed to the
> Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
> Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The
    filing hours at this location are 8 a.m. to 7 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, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington, DC 20554.

People with Disabilities: 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), (202) 418-0432
(tty).

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 (202) 488-5300,
facsimile (202) 488-5563, or via e-mail at fcc@bcpiweb.com.

For further information, contact Melissa Kirkel, Competition Policy
Division, Wireline Competition Bureau (202) 418-7958.

\- **FCC** -

[^1]: *See* Consumers Union, Consumer Federal of America, and Free
    Press, Petition for Reconsideration, GN Docket No. 07-45 (filed July
    11, 2008) (Petition); *Inquiry Concerning the Deployment of Advanced
    Telecommunications Capability to All Americans in a Reasonable and
    Timely Fashion, and Possible Steps to Accelerate Such Deployment
    Pursuant to Section 706 of the Telecommunications Act of 1996*, GN
    Docket No. 07-45, Fifth Report, 23 FCC Rcd 9615 (2008) (*Fifth 706
    Report*).

[^2]: *See* Petition at 2.

[^3]: *See id.*