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###### Federal Communications Commission

          - [CC Docket No. 96-45; WC Docket No. 04-313; CC Docket No. 01-338; DA 04-164] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Notice; solicitation of comments. 

# SUMMARY:

                        This document seeks comment on an “Emergency Request for a Limited Modification of Interim Protective Order” submitted by the Association for Local Telecommunications Services (ALTS). ALTS seeks modification of the interim protective order governing the use of                               ( print page 59925)                            confidential line count information for the sole purpose of reviewing the possible correlation between access line density and impairment for unbundled dedicated interoffice transport for purposes of the Commission's                         *Triennial Review Remand Notice of Proposed Rulemaking*.                     

# DATES:

Comments are due on or before September 17, 2004. 

# ADDRESSES:

Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. 

# FOR FURTHER INFORMATION CONTACT:

                        Marcus Maher, Attorney, Competition Policy Division, Wireline Competition Bureau, at (202) 418-1580, or at                         *Marcus.Maher@fcc.gov*.                     

# SUPPLEMENTARY INFORMATION:

                    This is a summary of the Commission's public notice in CC Docket No. 96-45; WC Docket No. 04-313; CC Docket No. 01-338; DA 04-2957, released September 10, 2004. The complete text of this public notice is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This document may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via e-mail at                     *http://www.bcpiweb.com.*                     It is also available on the Commission's Web site at                     *http://www.fcc.gov*.                 

## Synopsis of the Public Notice 

                    1. On September 8, 2004, ALTS filed an Emergency Request For a Limited Modification of the interim protective order governing the use of confidential line count information in the non-rural universal service support proceeding. ALTS seeks access to this information for the sole purpose of reviewing the possible correlation between access line density and impairment for unbundled dedicated interoffice transport for purposes of the Commission's                     *Triennial Review Remand Notice of Proposed Rulemaking,*69 FR 55129, September 13, 2004. We invite comment on the ALTS petition.                 

2. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. See 47 CFR 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 CFR 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in § 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b). 

                    3. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments on ALTS's request on or before September 17, 2004. 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. One (1) courtesy copy must be delivered to Janice M. Myles at the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12th Street, SW., Suite 5-C140, 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                     *http://www.bcpiweb.com*.                 

                    4. 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 FR 24121, May 1, 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.                 

5. Parties that 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, commenters must submit two additional copies for each additional docket or rulemaking number. 

6. 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, 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. This facility is the only location where hand-delivered or messenger-delivered paper filings for the Commission's Secretary will be accepted. 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, DC 20554. 

                    7. 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                     *http://www.bcpiweb.com*.                 

Federal Communications Commission. 

Jeffery Carlisle,

Chief, Wireline Competition Bureau. 

[FR Doc. 04-22496 Filed 10-5-04; 8:45 am] 

BILLING CODE 6712-01-P