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**DA 00-1137**

#  **Released: May 25, 2000**

**Iowa Utilities Board**

**Files Petition for Waiver of 47 C.F.R. § 51.507(f)**

**[Pleading Cycle Established]{.underline}**

**CCB/CPD NO. 00-15**

# 

> **Comment Deadline: June 5, 2000 Reply Deadline: June 12, 2000**

The Iowa Utilities Board filed a petition on April 26, 2000, seeking a
limited waiver until December 31, 2000, of section 51.507(f) of the
Commission's rules so that it may complete a proceeding regarding the
deaveraging of unbundled network element (UNE) rates. The Utilities
Board supplemented that petition on May 19, 2000. Section 51.507(f)
requires state commissions to establish at least three deaveraged rate
zones for the pricing of UNEs.[^1]

The Federal Communications Commission promulgated section 51.507(f),
along with other local pricing rules, in the August 1996 *Local
Competition Order*.[^2] Starting in September 1996, the U.S. Court of
Appeals for the Eighth Circuit stayed and then vacated the Commission's
local pricing rules, including section 51.507(f), on the grounds that
the Commission lacked jurisdiction over local pricing.[^3] On January
25, 1999, however, the U.S. Supreme Court reversed the Eighth Circuit's
decision with regard to the Commission's local pricing authority.[^4]
Because the section 251 pricing rules had not been in force for more
than two years, the Commission delayed the effectiveness of section
51.507(f) until May 1, 2000, so that states would have time to
comply.[^5] The Common Carrier Bureau released an order April 28, 2000,
granting the Public Service Commission of the District of Columbia a
permanent waiver of section 51.507(f), and seven state commissions
temporary waivers until October 31, 2000.[^6]

The Iowa Utilities Board petition and supplement are available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12^th^ Street, SW, Room
CY-A257, Washington, DC, 20554. The documents may also be purchased from
the Commission's copy contractor, International Transcription Service,
Inc. (ITS), 1231 20^th^ Street, NW, Washington, DC 20036, telephone
202-857-3800, facsimile 202-857-3805. These documents also are available
on the Commission's Electronic Comment Filing System (ECFS) at
\<<http://www.fcc.gov/e-file/ecfs.html>\> in CC Docket No. 96-98.

Interested parties may file comments on the petition no later than June
5, 2000, with the Secretary, FCC, 445 12^th^ Street, S.W., TW-A325,
Washington, D.C. 20554. Interested parties may file replies no later
than June 12, 2000. The filing date of pleadings is the date of receipt.
*See* 47 C.F.R. § 1.7. When filing pleadings, please reference the
internal file number: CCB/CPD 00-15. Pleadings must also be served on
the petitioner in accordance with the provisions of 47 C.F.R. §§ 1.47.
In addition, one copy of each pleading must be sent to: Neil Fried,
Competitive Pricing Division, 445 12^th^ Street, S.W., 5-B431,
Washington, D.C. 20554; Wanda Harris, Competitive Pricing Division, 445
12^th^ Street, S.W., 5-A452; and ITS, the Commission\'s duplicating
contractor, at its office at 1231 20^th^ Street, N.W., Washington, D.C.
20036. Copies of filings are available for inspection and copying during
normal business hours in FCC Reference Information Center, Portals II,
445 12^th^ Street, SW, Room CY-A257, Washington, DC, 20554. Copies also
can be obtained from ITS at 1231 20^th^ Street, NW, Washington, DC
20036, telephone 202-857-3800, facsimile 202-857-3805.

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 is generally 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).

For further information, contact Neil Fried, at (202) 418-1530 (voice)
or (202) 418-0484 (TTY).

Action by the Chief, Competitive Pricing Division, Common Carrier
Bureau, FCC.

[^1]: *See* 47 C.F.R. 507(e).

[^2]: *See In re* Implementation of the Local Competition Provisions of
    the Telecommunications Act of 1996, CC Docket No. 96-98, *Report and
    Order*, 11 FCC Rcd. 15499 (1996).

[^3]: *Iowa Utilities Board v. FCC*, 96 F. 3d 1116 (8th Cir. 1996) (per
    curium) (temporarily staying the *Local Competition Order* until the
    filing of the court's order resolving the petitioners' motion for
    stay); *Iowa Utilities Board v. FCC*, 109 F.3d 418 (8th Cir.)
    (dissolving temporary stay and granting petitioners' motion for
    stay, pending a final decision on the merits of the appeal), *motion
    to vacate stay denied*, 117 S. Ct. 429 (1996); *Iowa Utilities Board
    v. FCC*, 120 F.3d 753 (8th Cir. 1997) (vacating the Commission's
    pricing and combination rules).

[^4]: *AT&T v. Iowa Utilities Board*, 119 S. Ct. 721, 733, 738 (1999).

[^5]: *See In re* Deaveraged Rate Zones for Unbundled Network Elements,
    CC Docket No. 96-98, *Stay Order*, 14 FCC Rcd. 8300, 8300-01 (1999);
    *In re* Federal-State Joint Board on Universal Service, CC Docket
    No. 96-45, Ninth Report & Order and Eighteenth Order on
    Reconsideration, 14 FCC Rcd. 20432, 20492-93 (1999).

[^6]: *See In re* Petitions for Waiver of the Section 51.507(f) UNE
    Deaveraging Requirement, CCB/CPD Nos. 00-07 -- 00-14, *Order*, DA
    00-956 (rel. April 28, 2000).