**DA 08-1148**

**Released: May 15, 2008**

**PLEADING CYCLE ESTABLISHED FOR TON SERVICES, INC. PETITION FOR
DECLARATORY RULING ON A PRIMARY JURISDICTION REFERRAL**

**CC Docket No. 96-128**

**COMMENTS: June 4, 2008**

**REPLY COMMENTS: June 16, 2008**

On May 2, 2008, TON Services, Inc. (TON Services) filed a petition for
declaratory ruling to resolve issues that the United States District
Court for the District of Utah referred to the Commission.[^1]
Specifically, TON Services asks the Commission to determine: "(1)
whether Qwest's procedural violations of the Commission's orders
implementing the anti-discrimination provisions of 47 U.S.C.

§ 276(a) (including failure to file cost studies with state public
utility commissions ('PUCs') and to obtain PUC approval of its public
access line ('PAL') rates as compliant with the new services test
('NST')) constitute violations of 47 U.S.C. §§ 201(b), 276(a) or 416(c);
(2) whether Qwest's PAL rates from 1997 to 2002 were substantively
NST-compliant; and (3) the proper measure of damages if Qwest's
1997-2002 PAL rates were not NST-compliant."[^2]

Interested parties may file comments on the TON Services petition for
declaratory ruling on or before **June 4, 2008** and reply comments on
or before **June 16, 2008** pursuant to sections 1.415 and 1.419 of the
Commission's rules.[^3] Filings in this proceeding should be captioned
"In the Matter of Petition of TON Services, Inc. for Declaratory Ruling
on a Primary Jurisdiction Referral" and filed in CC Docket No. 96-128.

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Suite TW-A325, Washington, DC 20554. Two courtesy
copies must be delivered to Lynne Hewitt Engledow, Federal
Communications Commission, Wireline Competition Bureau, Pricing Policy
Division, 445 12th Street, SW, Room 5-A361, Washington, DC 20554 or via
e-mail at lynne.engledow@fcc.gov. One copy must also be sent to Best
Copy and Printing, Inc., Portals II, 445 12th Street SW, Suite CY-B402,
Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or
via e-mail at fcc@bcpiweb.com.

Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. 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 \<your email address\>. 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. **Parties are strongly encouraged to file
    comments electronically using the Commission's ECFS.**

> 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, Marlene H. Dortch, 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, DC 20002. The
    filing hours at this location are 8 a.m. to 7 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, 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 &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

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 202-488-5300,
facsimile 202-488-5563, or via e-mail at fcc@bcpiweb.com.

This Public Notice establishes certain procedural requirements relating
to consideration of the TON Services petition for declaratory ruling.
This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^4] 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.[^5] 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.[^6]

For further information regarding this proceeding, contact Lynne Hewitt
Engledow, Pricing Policy Division, Wireline Competition Bureau,
202-418-1520, or via e-mail at lynne.engledow@fcc.gov.

**- FCC -**

[^1]: Petition of TON Services, Inc. for Declaratory Ruling on a Primary
    Jurisdiction Referral, CC Docket No. 96-128, at 1 (filed May 2,
    2008).

[^2]: *Id*.

[^3]: 47 C.F.R. §§ 1.415, 1.419.

[^4]: *See* 47 C.F.R. §§ 1.1200, 1.1206.

[^5]: *See* 47 C.F.R. § 1.1206(b).

[^6]: 47 C.F.R. § 1.1206(b).