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###### Federal Communications Commission

          - [WC Docket No. 05-276; DA 05-2514] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Notice.

# SUMMARY:

This document seeks comment on petitions for declaratory ruling filed by SBC and VarTec. SBC seeks a declaratory ruling that wholesale transmission providers using Internet protocol (IP) technology to transport long distance calls are liable for access charges. VarTec seeks a declaratory ruling that it is not required to pay access charges to terminating local exchange carriers (LECs) when enhanced service providers or other carriers deliver calls directly to the terminating LECs for termination. VarTec also seeks a declaratory ruling that such calls are exempt from access charges when they are originated by a commercial mobile radio service (CMRS) provider and do not cross metropolitan trading area (MTA) boundaries. VarTec also seeks a declaratory ruling that terminating LECs are required to pay VarTec for the transiting service VarTec provides when terminating LECs terminate intraMTA calls originated by a CMRS provider. 

# DATES:

Comments due November 10, 2005, and reply comments due December 12, 2005. 

# ADDRESSES:

You may submit comments, identified by WC Docket No. 05-276, by any of the following methods: 

                        Federal eRulemaking Portal:                         *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.                     

E-mail: Include the docket number in the subject line of the message. 

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

                        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.                     

                        For detailed instructions for submitting comments and additional information on the rulemaking process, see the                         **SUPPLEMENTARY INFORMATION**                         section of this document.                     

# FOR FURTHER INFORMATION CONTACT:

                        Jennifer McKee, Wireline Competition Bureau, Pricing Policy Division, (202) 418-1530,                         *jennifer.mckee@fcc.gov.*

# SUPPLEMENTARY INFORMATION:

On September 21, 2005, the SBC incumbent local exchange carriers (SBC) filed a petition for declaratory ruling that wholesale transmission providers using Internet protocol (IP) technology to transport long distance calls are liable for access charges. SBC filed its petition after the United States District Court for the Eastern District of Missouri dismissed without prejudice SBC's claims seeking payment of access charges for long distance calls that were transported using IP technology. The court found it appropriate to defer the issues raised by SBC to the primary jurisdiction of the FCC. In its petition, SBC seeks a declaratory ruling that wholesale transmission providers using IP technology to carry long distance calls that originate and terminate on the public switched telephone network (PSTN) are liable for access charges under § 69.5 of the Commission's rules, 47 CFR 69.5, and applicable tariffs. SBC seeks a ruling that providers meeting these criteria are interexchange carriers. 

VarTec filed a petition for declaratory ruling on related issues. Specifically, VarTec seeks a declaratory ruling that it is not required to pay access charges to terminating local exchange carriers (LECs) when enhanced service providers or other carriers deliver calls directly to the terminating LECs for termination. VarTec also seeks a declaratory ruling that such calls are exempt from access charges when they are originated by a commercial mobile radio service (CMRS) provider and do not cross major trading area (MTA) boundaries. VarTec also seeks a declaratory ruling that terminating LECs are required to pay VarTec for the transiting service VarTec provides when terminating LECs terminate intraMTA calls originated by a CMRS provider. 

                    Interested parties may file comments on or before November 10, 2005, and reply comments on or before December 12, 2005. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to                     *http://www.fcc.gov/​cgb/​ecfs/​.*                     Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number, in this case WC Docket No. 05-276. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions                           ( print page 59348)                        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.” 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.                 

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). Parties are strongly encouraged to file comments electronically using the Commission's Electronic Comment Filing System (ECFS). 

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. 

—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. 

                    All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Jennifer McKee, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-A263, 445 12th Street, SW., Washington, DC 20554, or by e-mail to                     *jennifer.mckee@fcc.gov.*                     Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to                     *fcc@bcpiweb.com.*

                    Documents in WC Docket No. 05-276, including the SBC Petition and the VarTec Petition, are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW., Room CY-A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail                     *fcc@bcpiweb.com.*

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. 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. Other requirements 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. 

Federal Communications Commission. 

Donald Stockdale, 

Acting Deputy Chief, Wireline Competition Bureau. 

[FR Doc. 05-20527 Filed 10-11-05; 8:45 am] 

BILLING CODE 6712-01-P