**DA 07-1071**

**Released: March 7, 2007**

**PARTIES ASKED TO REFRESH RECORD REGARDING REVIEW OF**

**EQUAL ACCESS AND NONDISCRIMINATION OBLIGATIONS APPLICABLE TO LOCAL
EXCHANGE CARRIERS**

**CC Docket No. 02-39**

**Comment Date: \[60 days after publication in the Federal Register\]**

**Reply Comment Date: \[90 days after publication in the Federal
Register\]**

The Commission invites interested parties to update the record
pertaining to issues raised in the Commission's equal access and
nondiscrimination proceeding in light of marketplace and industry
developments. In February 2002, the Commission issued a *Notice of
Inquiry*, to examine whether there was a continued need for the equal
access and nondiscrimination obligations contained in antitrust decrees
and carried forward by section 251(g) of the Communications Act of 1934,
as amended (Act), or contained in the Commission's rules.[^1]

Since the Commission's *Notice of Inquiry* was released in 2002, there
have been a number of intervening developments that may have rendered
the record developed in this proceeding stale. In particular, the market
appears to be shifting from competition between stand-alone long
distance services to competition between service bundles including both
local exchange and long distance services. The industry structure has
also changed with the mergers of local and long distance providers.[^2]
For these reasons, the Wireline Competition Bureau requests that parties
update the record with any new information or arguments they believe to
be relevant to issues raised in the *Notice of Inquiry*. This will
enable the Commission to undertake appropriate and expedited review of
the equal access and nondiscrimination requirements.

Interested parties may file comments on or before **\[60 days after
publication in the Federal Register\]**, and reply comments on or before
**\[90 days after publication in the Federal Register\]**. All filings
should refer to **CC Docket No. 02-39**. Comments may be filed using:
(1) the Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper
copies.[^3]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the
    Federal eRulemaking Portal: http://www.regulations.gov. Filers
    should follow the instructions provided on the website for
    submitting comments.

    -   For ECFS filers, if multiple docket or rulemaking numbers appear
        in the caption of this proceeding, filers must transmit one
        electronic copy of the comments for each docket or rulemaking
        number referenced in the caption. In completing the transmittal
        screen, filers 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, filers should send
        an e-mail to ecfs@fcc.gov, and include the following words in
        the body of the message, "get form." A sample form and
        directions will be sent in response.

```{=html}
<!-- -->
```
-   Paper Filers: 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, filers
    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). All filings must be addressed to the
> Commission's Secretary, Office of the Secretary, Federal
> Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, 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]{.underline} 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, Express, and Priority mail should
    be addressed to 445 12^th^ Street, SW, Washington DC 20554.

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

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, Room TW-A325, Washington, DC 20554. Parties should
also send a copy of their filings to Janice Myles, Competition Policy
Division, Wireline Competition Bureau, Federal Communications
Commission, Room 5-C140, 445 12^th^ Street, SW, Washington, DC 20554, or
by e-mail to Janice.Myles@fcc.gov. Parties shall also serve one copy
with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC
20554, (202) 488-5300, or via e-mail to <fcc@bcpiweb.com>.

Documents in CC Docket No. 02-39 are available for public inspection and
copying during business hours at the FCC Reference Information Center,
Portals II, 445 12^th^ St. SW, Room CY-A257, Washington, D.C. 20554. The
documents may also be purchased from BCPI, telephone (202) 488-5300,
facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com.
These documents may also be viewed on the Commission's website at
http://www.fcc.gov/cgb/ecfs.

For further information, contact Janice Myles of the Competition Policy
Division, Wireline Competition Bureau at (202) 418-1577 or email
Janice.Myles@fcc.gov.

**-FCC-**

[^1]: *Notice of Inquiry Concerning a Review of the Equal Access and
    Nondiscrimination Obligations Applicable to Local Exchange
    Carriers*, Notice of Inquiry, 17 FCC Rcd 4015 (2002) (*Notice of
    Inquiry*). We note that certain of the relevant antitrust decree and
    Commission equal access and nondiscrimination requirements have been
    codified in section 251 provisions other than section 251(g) of the
    Act, for example in the dialing parity requirements of section
    251(b)(3).

[^2]: *See* *SBC Communications Inc. and AT&T Corp. Applications for
    Approval of Transfer of Control*, WC Docket No. 05-65, Memorandum
    Opinion and Order, 20 FCC Rcd 18290 (2005); *Verizon Communications
    Inc. and MCI, Inc. Application for Approval of Transfer of Control*,
    WC Docket No. 05-75, Memorandum Opinion and Order, 20 FCC Rcd 18433
    (2005).

[^3]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).