######  DA 02-1533 

June 28, 2002

COMMENTS SOUGHT ON LUCENT'S THIRD SUPPLEMENT TO PETITION FOR DECLARATORY
RULING ON STATE CONSUMER PROTECTION LAWS AS THEY RELATE TO AT&T/LUCENT
LEASING OF CUSTOMER PREMISES EQUIPMENT

(WC Docket No. 02-147)

**COMMENTS DUE: July 29, 2002**

##### REPLY COMMENTS DUE: August 13, 2002

On May 23, 2002, Lucent Technologies Inc. filed a Third Supplement[^1]
to its original Motion for Declaratory Ruling[^2] concerning the
application of state consumer protection laws to the leasing of certain
customer premises equipment (CPE) by AT&T and Lucent. This Supplement is
intended to update the original declaratory ruling petition concerning a
class action lawsuit that Lucent asserts "collaterally attacks in state
court settled determinations of the FCC within its exclusive
jurisdiction regarding the detariffing of . . . CPE."[^3] The Commission
filed an amicus brief in that class action lawsuit. The underlying class
action lawsuit is scheduled for trial in Illinois state court on August
5, 2002.

Release of this Public Notice is not intended to interfere with any
state court proceedings. However, consistent with Commission practice,
interested parties may file comments on the issues raised by the Third
Supplement to the Motion for Declaratory Ruling consistent with the
procedures described in this Notice. Pursuant to sections 1.415 and
1.419 of the Commission's rules, 47 C.F.R. §§ 1.415 and 1.4.19,
interested parties may file comments in this proceeding on or before
**July 29, 2002**, and reply comments on or before **August 13, 2002**.
All filings must refer to **WC Docket No. 02-147**.

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, Vistronix, 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, S.W.,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Office of the Secretary, Federal Communications
Commission.

Four copies of each comment and reply must also be delivered to Janice
Myles, Wireline Competition Bureau, 445 12^th^ Street, S.W., Room
5-C327, Washington, D.C., 20554, and one copy of each must be delivered
to Qualex International, Portals II, 445 12^th^ Street, S.W., Room
CY-B402, Washington D.C., 20554. In accordance with the Commission's
earlier Public Notice announcing that hand-delivered or
messenger-delivered filings are no longer accepted at the Commission's
headquarters, hand-delivered or messenger-delivered filings must be
delivered to **236 Massachusetts Avenue, N.E., Suite 110, Washington,
D.C. 20002.**[^4] The filing hours at this location will be 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.

Filings in this proceeding are available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C., 20554. They may also be purchased from the Commission\'s
duplicating contractor, Qualex International, Portals II, 445 12th
Street, S.W., Room CY-B402, Washington, D.C., 20554, telephone
202-863-2893, facsimile 202-863-2898, or via e-mail <qualexint@aol.com>.

This proceeding 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 and 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).

News Media Contact: Michael Balmoris -- (202) 418-1500. Wireline
Competition Bureau Contact: Claudia Pabo (202) 418-1595.

[^1]: Lucent Technologies Inc.'s Third Supplement to Petition for
    Declaratory Ruling , *In the Matter of Motion of Lucent Technologies
    Inc. For a Declaratory Ruling* (filed May 23, 2002).

[^2]: ^?^ Motion of AT&T Corp. and Lucent Technologies Inc. for
    Declaratory Ruling, *In the Matter of Motion of AT&T Corp. and
    Lucent Technologies Inc. For a Declaratory Ruling* (filed May 24,
    1999).

[^3]: ^?^ Lucent Third Supplement at 1.

[^4]: *See* Public Notice, FCC Announces New Filing Location for Paper
    Documents, DA 01-2919 (rel. December 14, 2001).