**DA 04-2028**

> **July 6, 2004**

**PLEADING CYCLE ESTABLISHED FOR COMMENTS**

**ON BELLSOUTH'S EMERGENCY PETITION FOR DECLARATORY RULING AND
PREEMPTION OF STATE ACTION**

**WC Docket No. 04-245**

**Comments Due: July 30, 2004**

**Reply Comments Due: August 16, 2004**

On July 1, 2004, BellSouth Telecommunications, Inc. (BellSouth) filed an
emergency petition for declaratory ruling and preemption of state action
regarding a recent order of the Tennessee Regulatory Authority
(TRA).[^1] BellSouth asserts that on June 21, 2004, the TRA issued an
order that sets a "market rate" for switching for customers with four or
more lines in the Top 50 MSAs in the context of a section 252
arbitration, citing authority pursuant to section 271 of the Act.[^2]
BellSouth argues that the TRA has no authority to establish rates under
section 271, arguing that both the Telecommunications Act and the
*Triennial Review Order* only grants the Commission authority to
regulate section 271 rates.[^3] Accordingly, BellSouth requests that the
Commission issue a order declaring that states have no jurisdiction over
elements provided pursuant to section 271 and should preempt the TRA's
order.

This Public Notice establishes certain procedural requirements relating
to consideration of BellSouth'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 Section 1.415 and 1.419 of the Commission's rules, 47 C.F.R.
§§ 1.415, 1.419, interested parties may file comments on BellSouth's
petition on or before **July 30, 2004** and reply comments on or before
**August 16, 2004.** 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. Two (2) courtesy copies must be delivered to
Janice M. Myles, Federal Communications Commission, Wireline Competition
Bureau, Competition Policy Division, 445 12^th^ Street, SW, Suite
5-C327, 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/).

For further information regarding this proceeding, contact Pamela Arluk,
Competition Policy Division, Wireline Competition Bureau, (202)
418-1580, or via e-mail
[**pamela.arluk@fcc.gov**](mailto:pamela.arluk@fcc.gov), or Marcus
Maher, Competition Policy Division, Wireline Competition Bureau, (202)
418-1580, or via e-mail
[**marcus.maher@fcc.gov**](mailto:marcus.maher@fcc.gov).

\- FCC -

[^1]: *See BellSouth Emergency Petition for Declaratory Rule and
    Preemption of State Action*, WC Docket No. 04-245 (filed July 1,
    2004) (BellSouth Petition).

[^2]: BellSouth Petition at 3-4.

[^3]: BellSouth Petition at 6-11.