**DA 06-1423**

**Released Date: July 10, 2006**

**WIRELINE COMPETITION BUREAU SEEKS COMMENT ON THE PETITION OF ACCIPITER
COMMUNICATIONS, INC., AND QWEST CORPORATION TO WAIVE THE STUDY AREA
BOUNDARY FREEZE, AS CODIFIED IN PART 36, AND SECTION 69.3(e)(11) OF THE
COMMISSION'S RULES**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 96-45**

**Comment Date: July 24, 2006**

**Reply Comment Date: July 31, 2006**

On June 20, 2006, Accipiter Communications, Inc. (Accipiter) and Qwest
Corporation (Qwest) filed a joint petition for waiver of the study area
boundary freeze, as codified in the Appendix-Glossary of Part 36 of the
Commission's rules.[^1] The requested waiver would permit Accipiter to
extend its Arizona study area to include the portion of the Vistancia
development in northwest Maricopa County not included within its current
study area and would allow Qwest to remove that same area from its
Arizona study area. Qwest currently has no facilities and provides no
service in the subject area. Also, Accipiter requests a waiver of
section 69.3(e)(11) of the Commission's rules in order to continue to
use the National Exchange Carrier Association as its tariff pool
administrator.[^2]

Interested parties may file **comments on or before July 24, 2006** and
**reply comments on or before July 31, 2006**. 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. *See Electronic Filing of Documents in Rulemaking Proceedings*,
63 FR 24121 (1998).

-   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](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.

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-   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, 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]{.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 12th Street, S.W., Washington
D.C. 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 &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**You may submit comments, identified by the above noted docket number,
by any of the following methods:**

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   Federal Communications Commission's Web Site:
    <http://www.fcc.gov/cgb/ecfs/>. Follow the instructions for
    submitting comments.

-   People with Disabilities: Contact the FCC to request reasonable
    accommodations (accessible format documents, sign language
    interpreters, CART, etc.) by e-mail: <FCC504@fcc.gov> or phone:
    202-418-0530 or TTY: 202-418-0432.

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: (202) 488-5300
    fax: (202) 488-5563;

(2) Gary Seigel, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-C408, Washington,
    D.C. 20554; e-mail: <gary.seigel@fcc.gov>;

(3) Katie King, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-B544, Washington,
    D.C. 20554; e-mail: katie.king@fcc.gov;

(4) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521,
    Washington, D.C. 20554; e-mail:
    [antoinette.stevens@fcc.gov]{.underline}.; and

(5) James Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <james.bird@fcc.gov>.

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, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: (202) 488-5300,
fax: (202) 488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^3] Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentations must contain summaries of the substance of the
presentation 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.[^4] 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.[^5]

For further information, please contact Gary Seigel at (202) 418-0879.

\- FCC -

[^1]: 47 C.F.R. Part 36 App. (defining "study area").

[^2]: 47 C.F.R. § 69.3(e)(11).

[^3]: 47 C.F.R. §§ 1.1200 *et seq*.

[^4]: *See* 47 C.F.R. § 1.1206(b)(2).

[^5]: 47 C.F.R. § 1.1206(b).