**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

**DA 00-592**

#### **PLEADING CYCLE ESTABLISHED FOR COMMENTS ON THE**

**REVISED PETITION OF MCI WORLDCOM, INC. FOR DECLARATORY RULING**

**REGARDING THE PROCESS FOR ADOPTION OF AGREEMENTS**

**PURSUANT TO SECTION 252(i) OF THE COMMUNICATIONS ACT**

**AND SECTION 51.809 OF THE COMMISSION'S RULES**

**CC Docket No. 00-45**

###  Released: March 16, 2000

On March 7, 2000, MCI WorldCom, Inc. (MCI WorldCom) filed a petition
seeking a declaratory ruling concerning a requesting carrier's ability
to adopt previously approved interconnection agreements under section
252(i) of the Communications Act of 1934, as amended.

MCI WorldCom specifically requests that the Commission declare that:

(1) a requesting carrier's right under section 252(i) of the Act and
    section 51.809(a) of the Commission's Rules to effectively adopt
    interconnection agreements previously approved by a state commission
    is not subject to state commission approval;

(2) a requesting carrier's adoption is effective on the date of notice
    of adoption (Notice of Adoption) to the incumbent local exchange
    carrier (LEC);

(3) when an incumbent LEC challenges an adoption pursuant to Commission
    Rule 51.809(b), it only can be excused from complying with the
    adopted terms when it promptly carries its burden of proving one of
    the following: 1) that the costs of providing interconnection to the
    requesting carrier are greater than the costs of providing it to the
    carrier that originally negotiated the agreement; 2) that the
    proposed adoption is technically infeasible; or, in the "pick and
    choose" context, that the carrier has failed to adopt legitimately
    related terms and conditions. 47 C.F.R. § 51.809(b);

(4) unless a state commission affirmatively determines that an incumbent
    LEC has satisfied its burden of proof with respect to the criteria
    concerning cost and/or technical feasibility set forth in section
    51.809(b), or with respect to claims of legitimately related terms,
    the effective date of the agreement is retroactive to the date of
    the Notice of Adoption;

(5) when an incumbent LEC raises claims of increased costs or technical
    feasibility pursuant to section 51.809(b), or claims regarding
    legitimately related terms, state commissions must establish an
    expedited process for a determination on the incumbent LEC's
    showing; and

(6) during the pendency of such claims, an incumbent LEC must honor the
    adoption of terms other than those being challenged under the rubric
    of increased cost, technical unfeasibility or an absence of
    legitimately related terms.

Interested parties may file comments regarding the MCI WorldCom petition
no later than **March 31, 2000**, with the Secretary, FCC at 445 12^th^
Street, SW, TW-A325, Washington, DC 20554. Oppositions or responses to
these comments may be filed with the Secretary, FCC no later than
**April 11, 2000**. All pleadings are to reference **CC Docket No.
00-45.** Interested parties should file an original and seven copies of
all pleadings. An additional copy of all pleadings must also be sent to
Janice M. Myles, Common Carrier Bureau, FCC, Room 5-C327, 445 12^th^
Street, SW, TW-A325, Washington, DC 20554, and to the Commission's
contractor for public services records duplication, International
Transcription Services, Inc. (ITS), 1231 20^th^ Street, NW, Washington,
DC 20036. The MCI WorldCom petition is available for inspection and
copying during normal business hours in the FCC's Reference Center, Room
CY-A257, 445 12^th^ Street, SW, TW-A325, Washington, DC 20554. Copies
also can be obtained from ITS at 1231 20^th^ Street, NW, Washington, DC
20036 or by calling ITS at (202) 857-3800 or faxing ITS at (202)
857-3805.

Comments filed through the ECFS can be sent as an electronic file via
the Internet to <http://www.fcc.gov/e-file/efcs.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 for each
docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, 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 <efcs@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.

We will treat this proceeding as permit, but disclose for purposes of
the Commission's *ex parte* rules. *See generally* 47 C.F.R. §§
1.1200-1.1216. Parties making oral *ex parte* presentations are reminded
that memoranda summarizing the presentation must contain a summary 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 is generally required. *See* 47 C.F.R. §
1.1206(b)(2), as revised. Other rules pertaining to oral and written
presentations are set forth in section 1.1206(b) as well. Interested
parties are to file with the Secretary, FCC, and serve Janice M. Myles
and ITS, with copies of any written *ex parte* presentations or
summaries of oral *ex parte* presentations in these proceedings in the
manner specified above.

For further information, contact Janice M. Myles, Policy and Program
Planning Division, Common Carrier Bureau, at (202) 418-1580, e-mail
<jmyles@fcc.gov>.

\- FCC -