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Bureau Seeks Comment on PA. PUC Petition for Declaratory Order

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Released: May 16, 2014
PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-674

Released: May 16, 2014

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITION FOR

DECLARATORY ORDER REGARDING STATE JURISDICTION TO ADJUDICATE

INTERCARRIER COMPENSATION DISPUTES CONCERNING

DIAL-UP ISP-BOUND TRAFFIC

WC Docket No. 14-70

Comment Date: June 30, 2014
Reply Comment Date: July 30, 2014

The Wireline Competition Bureau (Bureau) seeks comment on a petition for declaratory order
filed by the Pennsylvania Public Utility Commission (Pa. PUC) on April 30, 2014.1 The Pa. PUC seeks
clarification on whether it may “adjudicate intercarrier compensation disputes when they arise between
competitive local exchange carriers (CLECs) outside Sections 251 and 252, 47 U.S.C. § 251 and 252,
when they involve the exchange of local dial-up Internet traffic, and when the Pa. PUC decision properly
enforces the ISP Remand Order2 and is consistent with Commission rules.”3 The Pa. PUC asks the
Commission to find that “the Pa. PUC has jurisdiction to adjudicate such disputes so long as the result is
consistent with the ISP Remand Order and applicable law.”4
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). 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://fjallfoss.fcc.gov/ecfs2/.

1 Petition for Declaratory Order of the Pennsylvania Public Utility Commission, WC Docket No. 14-70 (filed April
30, 2014) (Petition), http://apps.fcc.gov/ecfs/document/view?id=7521124305 .
2 Intercarrier Compensation for ISP-Bound Traffic, Order on Remand and Report and Order, 16 FCC Rcd 9151
(2001), Order on Remand, 24 FCC Rcd 6475 (2008).
3 Petition at 1.
4 Id.


Paper Filers: Parties who choose to file by paper must file an original and one copy 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. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes 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 must 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).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
parte
rules.
For further information, please contact Victoria Goldberg, Pricing Policy Division, Wireline
Competition Bureau, at (202) 418-7353 or Victoria.Goldberg@fcc.gov.

5 47 C.F.R §§ 1.1200 et seq.
2

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