[Federal Register: August 30, 2004 (Volume 69, Number 167)]
[Notices]
[Page 52904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au04-56]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 97-90; CCB/CPD File No. 97-12; DA 04-2055]
Requests of US West Communications, Inc. for Interconnection Cost
Adjustment Mechanisms; Petition for Declaratory Ruling and Contingent
Petition for Preemption
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: By this Order, the Wireline Competition Bureau dismisses
without prejudice a joint Petition for Declaratory Ruling and
Contingent Petition for Preemption filed by Electric Lightwave, Inc.,
McLeod USA Telecommunications Services, Inc., and NEXTLINE
Communications, L.L.C. (Petitioners) asking the Commission to declare
that the Interconnection Cost Adjustment Mechanism (ICAM) surcharges
proposed by US West (now Qwest) violate the Communications Act of 1934,
as amended. The petition is dismissed without prejudice unless any
interested party comments within 30 days that there is still a genuine
dispute that remains to be resolved.
DATES: Comments are due: September 29, 2004. Reply comments are due:
October 14, 2004.
ADDRESSES: All filings must be sent to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, Room TW-A325, 445 Twelfth Street, SW., Washington, DC
20554. Filings may also be submitted using the Commission's Electronic
Comment Filing System (ECFS) by sending an electronic file via the
Internet to http://www.fcc.gov/cgb/ecfs/. Filings should reference CC
Docket No. 97-90.
FOR FURTHER INFORMATION CONTACT: Julie Saulnier, Wireline Competition
Bureau, Pricing Policy Division, (202) 418-1530.
SUPPLEMENTARY INFORMATION: The Order dismisses without prejudice joint
Petitioners' request that the Commission declare that the ICAM
surcharges proposed by US West (now Qwest) in each of the fourteen
states in which it provides telecommunications services violate the
cost-based interconnection standards of the Communications Act of 1934,
as amended. The Order also dismisses Petitioners' request that the
Commission initiate proceedings to preempt any state commission action
allowing US West to implement ICAM surcharges. Qwest never pursued
recovery of interconnection costs through ICAM surcharges, instead
recovering them through a separate unbundled network element operations
support system charge or a local interconnection service charge.
Therefore, there appears to be no remaining controversy, and the
petition is dismissed without prejudice unless any interested party
provides notice within 30 days that there is still a genuine dispute
that remains to be resolved.
This is a summary of the Bureau's Order in CC Docket No. 97-90,
adopted on July 9, 2004. The complete text of the Order is available
for public inspection Monday through Thursday from 8 a.m. to 4:30 p.m.
and Friday from 8:00 a.m. to 11:30 a.m. in the Commission's Consumer
and Governmental Affairs Bureau, Reference Information Center, Room CY-
A257, 445 Twelfth Street, SW., Washington, DC 20554. The complete text
is available also on the Commission's Internet site at http://www.fcc.gov.
Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365. The complete text of the Order may be purchased from the
Commission's duplicating contractor, Best Copying and Printing, Inc.,
Room CY-B402, 445 Twelfth Street, SW., Washington, DC 20554, telephone
(202) 488-5300, facsimile (202) 488-5563 or e-mail at http://www.bcpiweb.com
.
Federal Communications Commission
Jeffrey J. Carlisle,
Chief, Wireline Competition Bureau.
[FR Doc. 04-19746 Filed 8-27-04; 8:45 am]
BILLING CODE 6712-01-P