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**DA 01-1648**

**July 11, 2001**

**PARTIES ASKED TO REFRESH RECORD REGARDING RECONSIDERATION OF RULES
ADOPTED IN 1996 IN *LOCAL COMPETITION* DOCKET**

**CC Docket No. 96-98**

Pursuant to the Commission's rules governing petitions for
reconsideration, 47 C.F.R. § 1.106, the Common Carrier Bureau (the
Bureau) invites interested parties to update the record pertaining to
petitions for reconsideration filed with respect to the rules the
Commission adopted in the First Report and Order in CC Docket No. 96-98,
*Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996*.[^1]

On August 8, 1996, the Commission released the *Local Competition First
Report and Order* as required by the 1996 Telecommunications Act. Many
parties filed petitions for reconsideration of that order.[^2] Since
then there has been significant litigation concerning many of the rules
adopted in the *Local Competition First Report and Order*, including
three decisions by the Eighth Circuit and one by the Supreme Court.[^3]
Of the rules the Commission adopted in the *Local Competition First
Report and Order*, only certain rules concerning combination and pricing
of unbundled network elements remain in dispute.[^4]

The Bureau has refrained from considering many of the petitions for
reconsideration of the rules adopted in the *Local Competition First
Report and Order* until most of the litigated issues were resolved. Now
that the issues in dispute have narrowed, the Bureau will proceed to
address petitions for reconsideration relating to rules that are not the
subject of pending litigation.

Because many of these petitions were filed several years ago, the
passage of time and intervening developments may have rendered the
records developed by those petitions stale. For example, in addition to
the litigation mentioned above, the Commission has issued several orders
on reconsideration of the *Local Competition First Report and Order*,
including the *Order on Reconsideration*, the *Second Order on
Reconsideration*, and the *Third Order on Reconsideration and Further
Notice of Proposed Rulemaking*. Moreover, some issues raised in
petitions for reconsideration may have become moot or irrelevant in
light of intervening events.

For these reasons, the Bureau requests that parties that filed petitions
for reconsideration in 1996 now file a supplemental notice indicating
which of such issues they still wish to be reconsidered. In addition,
parties may refresh the record with any new information or arguments
they believe to be relevant to deciding such issues. To the extent
parties do not indicate an intent to pursue their respective petitions
for reconsideration, the Commission will deem such petitions withdrawn
and will dismiss them. The refreshed record will enable the Commission
to undertake appropriate reconsideration of its local competition rules.

Interested parties may file comments updating their previously filed
petitions for reconsideration no later than **30 days after this Public
Notice appears in the Federal Register**, with the Secretary, FCC at 445
12th Street, SW, TW-A325, Washington, DC 20554. Oppositions or responses
to these comments may be filed with the Secretary, FCC no later than
**45 days after this Public Notice appears in the Federal Register.**
All pleadings are to reference **CC Docket No. 96-98**. Interested
parties should file an original and seven copies of all pleadings. An
additional copy of all pleadings must also be sent to Janice M. Myles,
Common Carrier Bureau, FCC, Room 5-C327, 445 12th Street, SW, TW-A325,
Washington, DC 20554, and to the Commission's contractor for public
services records duplication, International Transcription Services, Inc.
(ITS), 1231 20th Street, NW, Washington, DC 20036. The original
petitions for reconsideration that parties filed in 1996 are available
for inspection and copying during normal business hours in the FCC\'s
Reference Center, Room CY-A257, 445 12th Street, SW, TW-A325,
Washington, DC 20554. Copies also can be obtained from ITS at 1231 20th
Street, NW, Washington, DC 20036 or by calling ITS at (202) 857-3800 or
faxing ITS at (202) 857-3805.

Comments filed through the ECFS can be sent as an electronic file via
the Internet to [http://www.fcc.gov/e-file/efcs.html]{.underline}.
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 for 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 [efcs@fcc.gov]{.underline}, 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.

This proceeding is considered "permit, but disclose" for purposes of the
Commission's *ex parte* rules. *See generally* 47 C.F.R. §§
1.1200-1.1216. Parties making oral *ex parte* presentations are reminded
that memoranda summarizing the presentation must contain a summary of
the substance of the presentation and 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)(2), as revised. Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well. Interested
parties are to file with the Secretary, FCC, and serve Janice M. Myles
and ITS, with copies of any written *ex parte* presentations or
summaries of oral *ex parte* presentations in these proceedings in the
manner specified above.

For further information, contact Janice Myles, Policy and Program
Planning Division, Common Carrier Bureau, at (202) 418-1577, e-mail
[jmyles@fcc.gov]{.underline}.

\- FCC -

[^1]: *Implementation of the Local Competition Provisions of the
    Telecommunications Act of 1996*, CC Docket No. 96-98, First Report
    and Order, 11 FCC Rcd 15499 (1996) (Local Competition First Report
    and Order).

[^2]: *See, e.g.*, *Implementation of the Local Competition Provisions
    of the Telecommunications Act of 1996*, CC Docket No. 96-98, Order
    on Reconsideration, 11 FCC Rcd 13042 (1996), Second Order on
    Reconsideration, 11 FCC Rcd 19738 (1996), Third Order on
    Reconsideration and Further Notice of Proposed Rulemaking, 12 FCC
    Rcd 12460 (1997); further recons. pending.

[^3]: *Competitive Telecommunications Ass\'n v. FCC*, 117 F.3d 1068 (8th
    Cir. 1997); *Iowa Utils. Bd. v. FCC*, 120 F.3d 753 (8th Cir. 1997),
    aff\'d in part and remanded, *AT&T v. Iowa Utils. Bd*., 119 S. Ct.
    721 (1999); *Iowa Utils. Bd. v. FCC*, 219 F.3d 744 (8th Cir. 2000).

[^4]: *Verizon Communications, Inc. v. FCC*, 2001 WL 46225 (January 22,
    2001).