**DA 06-1434**

**Released: July 11, 2006**

**COMMENTS SOUGHT ON VERIZON PETITION FOR WAIVER**

**TO TREAT CERTAIN LOCAL NUMBER PORTABILITY COSTS**

**AS EXOGENOUS COSTS**

**CC Docket No. 95-116**

**COMMENTS DUE:** **July 21, 2006**\
**REPLY COMMENTS DUE: July 25, 2006**

On July 6, 2006, Verizon filed a petition requesting that the Commission
"waive certain rules in order to permit Verizon the opportunity to
recover the remainder of its approved carrier-specific costs for
implementing local number portability ("LNP")."[^1] Specifically,
Verizon seeks authority to treat these costs as exogenous costs under
section 61.45(d) of the Commission's rules "and to recover those costs
through a small addition to its end-user common line charge
("EUCL")."[^2] Verizon asserts that it satisfies the Commission's
standard for exogenous cost relief "because the unrecovered LNP costs
are the result of a government mandate, were beyond Verizon's control,
and are not accounted for in Verizon's price cap formula."[^3] We note
that AT&T Inc. (AT&T) filed a petition seeking similar relief on March
31, 2006, and an order granting the petition was released on July 10,
2006.[^4] Verizon asserts that "AT&T and Verizon are similarly situated
with respect to under-recovery of their respective LNP cost estimates"
and that there is good cause for a waiver because unforeseeable and
unprecedented changes in the telecommunications marketplace prevented
Verizon from a full reasonable recovery of its LNP costs.[^5]

Interested parties may file comments on or before **July 21, 2006**, and
reply comments on or before **July 25, 2006**. Filings in this
proceeding should be captioned "In the Matter of Verizon's Petition for
Waiver of the Commission's Rules to Treat Unrecovered Local Number
Portability Costs as Exogenous Costs under Section 61.45(d)," and filed
in CC Docket No. 95-116. Comments may be filed using the Commission\'s
Electronic Comment Filing System (ECFS) or by filing paper copies.[^6]
Comments filed through the ECFS can be sent as an electronic file via
the Internet to
[[http://www.fcc.gov/cgb/ecfs/]{.underline}](http://www.fcc.gov/cgb/ecfs/).
Generally, only one copy of an electronic submission must be filed.[^7]
In completing the transmittal screen, commenters should include their
full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number, in this case **CC Docket No. 95-116**.
Parties may also submit electronic comments by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an
e-mail to [[ecfs@fcc.gov]{.underline}](mailto: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.

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). **Parties are strongly encouraged to file comments
electronically using the Commission's ECFS.**

The Commission\'s contractor, Natek, Inc., 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 mail, Express Mail, and Priority
    Mail should be addressed to 445 12th Street, SW, Washington, DC
    20554.

All filings must be addressed to the Commission\'s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, Room
TW-A325, 445 12th Street, SW, Washington, DC 20554. Parties should also
send a copy of their filings by e-mail to Deena Shetler and Marvin Sacks
([deena.shetler@fcc.gov](mailto:Deena.shetler@fcc.gov) and
[mavin.sacks@fcc.gov](mailto:margaret.dailey@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>.

Documents in CC Docket No. 95-116, including Verizon's petition, are
available for public inspection and copying during business hours at the
FCC Reference Information Center, Portals II, 445 12th St. SW, Room
CY-A257, Washington, DC 20554. The documents may also be purchased from
BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202)
488-5562, or by e-mail at <fcc@bcpiweb.com>. These documents may also be
viewed on the Commission\'s Home Page at
[[http://www.fcc.gov/cgb/ecfs]{.underline}](http://www.fcc.gov/cgb/ecfs).
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).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^8] 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.[^9] Other requirements pertaining to
oral and written *ex parte* presentations are set forth in section
1.1206(b) of the Commission's rules.[^10]

For further information, contact Marvin Sacks of the Pricing Policy
Division, Wireline Competition Bureau at (202) 418-1520, or
[marvin.sacks@fcc.gov](mailto:margaret.dailey@fcc.gov).

**- FCC -**

[^1]: Verizon's Petition for Waiver of the Commission's Rules to Treat
    Unrecovered Local Number Portability Costs as Exogenous Costs under
    Section 61.45(d), CC Docket No. 95-116, at 1 (filed July 6, 2006)
    (Petition) (citing 47 C.F.R. § 61.45(d)). Verizon seeks relief on
    behalf of "the regulated, wholly owned subsidiaries of Verizon
    Communications Inc." Petition at 1 n.1.

[^2]: Petition at 1-2.

[^3]: Petition at 4.

[^4]: *Petition of AT&T Inc. for Waiver of the Commission's Rules to
    Treat Certain Local Number Portability Costs as Exogenous Costs
    under Section 61.45(d),* CC Docket No. 95-116, Order, FCC 06-97
    (rel. July 10, 2006).

[^5]: Petition at 4, 17-18.

[^6]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^7]: If multiple docket or rulemaking numbers appear in the caption of
    a proceeding, however, commenters must transmit one electronic copy
    of the comments to each docket or rulemaking number referenced in
    the caption. Similarly, commenters filing paper copies must submit
    two additional copies for each additional docket or rulemaking
    number.

[^8]: *See* 47 C.F.R. §§ 1.1200, 1.1206.

[^9]: 47 C.F.R. § 1.1206(b)(2).

[^10]: 47 C.F.R. § 1.1206(b).