Friday, July 21, 2006

RFC :: FCC :: CI :: Qwest & AT&T Pet Forbearance From Computer Inquiry Rules with Respect to Broadband


DA 06-1464
July 19, 2006

PLEADING CYCLE ESTABLISHED FOR COMMENTS ON
QWEST AND AT&T PETITIONS FOR FORBEARANCE UNDER
47 U.S.C. § 160(c) FROM TITLE II AND COMPUTER INQUIRY
RULES WITH RESPECT TO BROADBAND SERVICES

WC Docket No. 06-125

Comments Due: August 3, 2006
Reply Comments Due: August 18, 2006

On June 13, 2006, and July 13, 2006, respectively,
Qwest Corporation and Qwest Communications Corporation
(jointly, Qwest), and AT&T Inc. (AT&T) filed petitions
for forbearance pursuant to section 10(c) of the
Communications Act of 1934, as amended (the Act), 47
U.S.C. § 160(c). In its petition, Qwest asks the
Commission to forbear from applying Title II and the
Computer Inquiry rules to any broadband services Qwest
does or may offer to the extent those services are not
offered as part of an Internet access service. AT&T,
in its petition, asks the Commission to forbear from
applying Title II and the Computer Inquiry rules to
non-time division multiplex (non-TDM) based broadband
transmission services offered by AT&T and other Bell
Operating Companies.
This Public Notice establishes certain procedural
requirements relating to consideration of the Qwest
and AT&T petitions for forbearance. This matter shall
be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules. See
47 C.F.R. §§ 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 C.F.R. §
1.1206(b). 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, 47 C.F.R. § 1.1206(b).
Pursuant to Section 1.415 and 1.419 of the
Commission’s rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments on the Qwest and
AT&T petitions for forbearance on or before August 3,
2006 and reply comments on or before August 18, 2006.
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 (2)
courtesy copies must be delivered to Janice M. Myles,
Federal Communications Commission, Wireline
Competition Bureau, Competition Policy Division, 445
12th Street, SW, Suite 5-C327, Washington, DC 20554,
or via e-mail janice.myles@fcc.gov; and one (1) copy
must be sent to Best Copy and Printing, Inc., 445 12th
Street, Suite CY-B402, Washington, DC 20554, telephone
202-488-5300, facsimile 202-488-5563, or via e-mail
FCC@BCPIWEB.COM.
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.
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.

 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, NE., Suite 110, Washington, DC 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 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,
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
FCC@BCPIWEB.COM.
For further information regarding this proceeding,
contact Carol Simpson or William Kehoe, Competition
Policy Division, Wireline Competition Bureau, (202)
418-1580, or via e-mail at Carol.Simpson@fcc.gov and
William.Kehoe@fcc.gov.

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