PUBLIC NOTICE![](media/image1.png){width="0.95in"
height="0.9055555555555556in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 00-1865**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

COMMENT SOUGHT ON RECOMMENDED DECISION ISSUED BY

FEDERAL-STATE JOINT BOARD ON JURISDICTIONAL SEPARATIONS

PLEADING CYCLE ESTABLISHED

CC Docket No. 80-286

### Release Date: August 15, 2000

#### **Comment Date: September 25, 2000**

**Reply Comment Date: October 10, 2000**

On July 21, 2000, the Federal-State Joint Board on Jurisdictional
Separations (Joint Board) released a *Recommended Decision* for
instituting an interim freeze of the Part 36 category relationships and
jurisdictional allocation factors.[^1] The Joint Board recommended that
the Commission institute a five-year freeze of all Part 36 category
relationships and allocation factors for price cap carriers, and a
freeze of the allocation factors for rate-of-return carriers. The Joint
Board recommended that the Commission adopt a freeze based on carriers'
data from the twelve months prior to the Commission's issuance of an
order on the *Recommended Decision*. The Joint Board further recommended
that the freeze should be mandatory and apply to all carriers subject to
the Commission's Part 36 rules. The Joint Board recommended that the
freeze remain in effect for five years, or until the Commission takes
further action pursuant to a recommendation from the Joint Board,
whichever occurs first. During the interim freeze period, the Joint
Board recommended that the Joint Board and the Commission continue to
review issues regarding separations reform, as specified in the
*Recommended Decision*. We seek comment on the Joint Board's
recommendations.

The Joint Board also recommended that the Commission further develop the
record in this proceeding on the impact of increased intrastate usage on
jurisdictional allocations and consumers since 1995. Accordingly, we
seek comment on the impact of increased intrastate usage since 1995 on
jurisdictional allocations and consumers. The Joint Board noted that one
possible explanation for the increase in intrastate usage is the growth
in the use of the local network to connect to the Internet since 1995.
As a result, we seek comment on the impact of Internet traffic growth on
jurisdictional allocations since 1995. We request that companies provide
specific information on Internet usage minutes, including the percentage
of local minutes and total minutes that represent Internet traffic. This
usage information should include data from internet service providers
both affiliated and non-affiliated with incumbent local exchange
carriers. If estimates are used in determining these statistics, we
request that commenters provide detailed explanation and justification
for these estimates and their underlying assumptions, including all
studies and related work papers.

The Joint Board recommended that, if the Commission finds that Internet
traffic is jurisdictionally interstate in the proceeding that has been
initiated as a result of the remand by the United States Court of
Appeals for the D.C. Circuit on the Commission's *Reciprocal
Compensation Ruling*,[^2] the Commission freeze the local dial equipment
minutes (DEM) factor for the duration of the freeze at some substantial
portion of the current year level based on data from the twelve months
preceding the implementation of the freeze. The Joint Board recommended
that, based on the record established in connection with the
*Recommended Decision*, the precise percentage of the current year\'s
local DEM should be established according to how much of a reduction in
local DEM is warranted in light of any effects that Internet usage has
had on jurisdictional allocations or consumers. We seek comment on this
recommendation.

[Procedures for Filing Comments]{.underline}

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 25, 2000**, and reply comments on or before **October
10, 2000**. 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. 24,121
(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, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit electronic comments by
Internet e-mail. To receive 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 appears in the
caption of this proceeding, commenters must submit two additional copies
for each additional docket or rulemaking number. All filings must be
sent to the Commission\'s Secretary, Magalie Roman Salas, Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554.

Parties also must send paper copies of their filings to the individuals
listed in the attached Service List. Parties must send three paper
copies of their filing to Sheryl Todd, Accounting Policy Division,
Common Carrier Bureau, Federal Communications Commission, 445 Twelfth
Street S.W., Room 5-B540, Washington, D.C. 20554. In addition,
commenters must send diskette copies to the Commission\'s copy
contractor, International Transcription Service, Inc., 1231 20th Street,
N.W., Washington, D.C. 20037.

Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. §
1.1206, this proceeding will be conducted as a permit-but-disclose
proceeding in which *ex parte* communications are permitted subject to
disclosure.

The full text of this document is 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. This document may also be purchased from the Commission's copy
contractor, International Transcription Service, Inc. (ITS), 1231 20th
Street, NW, Washington, DC 20036, telephone 202-857-3800, facsimile
202-857-3805.

For further information, contact William Cox, Accounting Policy
Division, Common Carrier Bureau, at (202) 418-7400, TTY (202) 418-0484.

SEPARATIONS JOINT BOARD SERVICE LIST

The Honorable William E. Kennard, Chairman, Federal Joint Board Chairman

Federal Communications Commission

445 12^th^ Street, S.W.

Washington, DC 20554

The Honorable Susan Ness, Commissioner

Federal Communications Commission

445 12^th^ Street, S.W.

Washington, DC 20554

The Honorable Michael K. Powell, Commissioner

Federal Communications Commission

445 12^th^ Street, S.W.

Washington, DC 20554

## 

The Honorable Joseph P. Mettner, Commissioner

Wisconsin Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

The Honorable Diane Munns, Commissioner

Iowa Utilities Board

350 Maple Street

Des Moines, IA 50319-0069

The Honorable Joan H. Smith, Commissioner

Oregon Public Utility Commission

550 Capitol Street, N.E., Suite 215

Salem, OR 97310-2551

The Honorable Thomas L. Welch, Chairman, State Joint Board Chairman

Maine Public Utilities Commission

State House Station #18

242 State Street

Augusta, ME 04333

Stephen Burnett

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

William Cox, Federal Joint Board Staff Chairman

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Andrew Firth

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Genaro Fullano

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Robert Loube

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Richard Robinson

Federal Communications Commission

CCB, Accounting Safeguards Division

445 12th Street, S.W., Room 6-C160

Washington, DC 20552

Gary Seigel

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Sheryl Todd

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W., Room 5-B540

Washington, DC 20554

Sharon Webber, Deputy Division Chief

Federal Communications Commission

Common Carrier Bureau, Accounting Policy Division

445 12^th^ Street, S.W.

Washington, DC 20554

Peter Bluhm

Vermont Public Service Board

Drawer 20

112 State St., 4th Floor

Montpelier, VT 05620-2701

Ingo Henningsen

Utah Public Service Commission

160 East 300 South, Box 146751

Salt Lake City, UT 84114-6751

Sandy Ibaugh

Indiana Utility Regulatory Commission

302 W. Washington, Suite E-306

Indianapolis, IN 46204

Lori Kenyon

Regulatory Commission of Alaska

1016 West 6th Ave, Suite 400

Anchorage, AK 99501-1963

David Lynch, State Joint Board Staff Chairman

Iowa Utilities Board

350 Maple Street

Des Moines, IA 50319-0069

J. Bradford Ramsay

National Association of Regulatory Utility Commissioners

P.O. Box 684

Washington, DC 20044-0683

Jeffrey J. Richter

Wisconsin Public Service Commission

# 610 North Whitney Way

Madison, Wisconsin 53705-2729

Joel B. Shifman

Maine Public Utilities Commission

State House Station #18

242 State Street

Augusta, ME 04333

Fred Sistarenik

New York State Department of Public Service

Communications Division

3 Empire State Plaza

Albany, NY 12223

Cynthia Van Landuyt

Oregon Public Utility Commission

# 550 Capitol Street, N.E., Suite 215

Salem, OR 97310-2551

[^1]: *See Jurisdictional Separations Reform and Referral to the
    Federal-State Joint Board*, CC Docket N. 80-286, Recommended
    Decision, FCC 00J-2 (rel. July 21, 2000) (*Recommended Decision*).

[^2]: *See* *Implementation of the Local Competition Provisions of the
    Telecommunications Act of 1996*; *Inter-Carrier Compensation for
    ISP-Bound Traffic*, Declaratory Ruling in CC Docket No. 96-98 and
    Notice of Proposed Rulemaking in CC Docket No. 99-68, FCC 99-38, 14
    FCC Rcd 3689, 3701-3703, 3710 (1999) (*Reciprocal Compensation
    Ruling*); Bell Atl. Tel. Companies v. F.C.C., 206 F.3d 1 (D.C. Cir.
    2000) (*Bell Atlantic v. F.C.C.*); *Implementation of the Local
    Competition Provisions of the Telecommunications Act of 1996*;
    *Inter-Carrier Compensation for ISP-Bound Traffic*, Public Notice,
    CC Docket Nos. 96-98 and 99-68, FCC 00-227 (rel. June 23, 2000)
    (*Reciprocal Compensation Ruling Remand Public Notice*).