**DA 06-1263**

> **June 12, 2006**

**PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION OF ACS OF
ANCHORAGE, INC. FOR FORBEARANCE FROM CERTAIN DOMINANT CARRIER REGULATION
OF ITS INTERSTATE ACCESS SERVICES AND FROM TITLE II REGULATION OF ITS
BROADBAND SERVICES IN THE ANCHORAGE, ALASKA INCUMBENT LOCAL EXCHANGE
CARRIER STUDY AREA**

**WC Docket No. 06-109**

**Comments Due: August 11, 2006**

**Reply Comments Due: September 11, 2006**

On May 22, 2006, ACS of Anchorage, Inc. (ACS) filed a petition pursuant
to section 10 of the Communications Act of 1934, as amended (the
Act).[^1] ACS requests forbearance from certain dominant carrier
regulation of its interstate access services in the Anchorage, Alaska
incumbent local exchange carrier (LEC) study area, consistent with the
relief that the Commission granted to Qwest Corporation in the Omaha,
Nebraska Metropolitan Statistical Area.[^2] ACS also seeks forbearance
from Title II regulation of its broadband services in the Anchorage
study area, consistent with the relief deemed granted to Verizon
Telephone Companies by operation of law on March 19, 2006.[^3] In
support of its petition, ACS asserts that it does not have market power
in any relevant product market in the study area, and claims that robust
facilities based competition will ensure that ACS's charges and
practices are just and reasonable.[^4]

This Public Notice establishes certain procedural requirements relating
to consideration of ACS's Petition. 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 ACS's
Petition on or before **August 11, 2006** and reply comments on or
before **September 11, 2006**. 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. One (1) courtesy copy must be delivered to Janice
M. Myles at Federal Communications Commission, Wireline Competition
Bureau, Competition Policy Division, 445 12^th^ Street, SW, Suite
5-C140, Washington, DC 20554, or via e-mail, <janice.myles@fcc.gov>, and
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
[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
appear 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/).

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 &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information regarding this proceeding, contact Carol
Simpson, Competition Policy Division, Wireline Competition Bureau, (202)
418-2391, or via e-mail, carol.simpson@fcc.gov.

\- FCC -

[^1]: 47 U.S.C. § 160.

[^2]: Petition of ACS of Anchorage, Inc. Pursuant to Section 10 of the
    Communications Act of 1934, as amended (47 U.S.C. 160(c)), for
    Forbearance From Certain Dominant Carrier Regulation of Its
    Interstate Access Services, and for Forbearance From Title II
    Regulation of Its Broadband Services, in the Anchorage, Alaska,
    Incumbent Local Exchange Carrier Study Area, WC Docket No. 06-109,
    at 3 & Appendix A (filed May 22, 2006) (Petition); *see also
    Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C.
    § 160(c) in the Omaha Metropolitan Statistical Area*, WC Docket No.
    04-223, Memorandum Opinion and Order, 20 FCC Rcd 19415, 19434-36,
    paras. 39-43 (2005).

[^3]: Petition at 6; *see also Verizon Telephone Companies\' Petition
    for Forbearance from Title II and Computer Inquiry Rules with
    Respect to Their Broadband Services is Granted by Operation of Law*,
    WC Docket No. 04-440, Press Release (rel. Mar. 20, 2006); Petition
    of the Verizon Telephone Companies for Forbearance Under 47 U.S.C.
    §160(c) from Title II and Computer Inquiry Rules with Respect to
    Their Broadband Services, WC Docket No. 04-440 (filed Dec. 20,
    2004); Letter from Edward Shakin, Vice President and Associate
    General Counsel, Verizon, to Marlene H. Dortch, Secretary, FCC, WC
    Docket No. 04-440 (filed Feb. 7, 2006); Letter from Susanne Guyer,
    Senior Vice President, Federal Regulatory Affairs, Verizon, to
    Marlene H. Dortch, Secretary, FCC, WC Docket No. 04-440 (filed Feb.
    17, 2006).

[^4]: Petition at 56.