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Comment Sought on NECA Petition for Waiver of Rule 51.909(a)(4)

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Released: March 19, 2014

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322


DA 14-371

Released: March 19, 2014

PLEADING CYCLE ESTABLISHED FOR NATIONAL EXCHANGE CARRIER ASSOCIATION

PETITION FOR EXPEDITED WAIVER OF REQUIREMENTS IN SECTION 51.909(a)(4) OF

THE COMMISSION’S RULES

CC Docket Nos. 96-45, 01-92; GN Docket No. 09-51;

WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208

Comment Date: April 3, 2014

On March 12, 2014, the National Exchange Carrier Association, Inc. (NECA) filed a petition on
behalf of its rate-of-return member carriers seeking an expedited waiver of section 51.909(a)(4) of the
Commission’s rules.1 Specifically, NECA requests that the Commission waive application of the rule for
the 2014-2015 tariff period. 2 NECA states that a waiver would avoid the need for tariff revisions at the
federal and state levels required to effectuate de minimis changes in rates associated with 2014 pool
election changes and will better serve the public interest than strict enforcement for the upcoming year. 3
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/.

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.

1 See Petition of the National Exchange Carrier Association for Expedited Waiver, WC Docket No. 10-90 et al. at 1
(filed March 12, 2014) (Petition). Section 51.909(a)(4) requires NECA to adjust its pool switched access rate caps
to reflect changes when carriers enter or exit NECA’s Traffic Sensitive Pool. 47 C.F.R. § 51.909(a)(4).
2 Petition at 2.
3 Id at 2, 6. NECA notes that the Wireline Competition Bureau granted NECA a similar waiver on May 14, 2013,
for the 2013-2014 Tariff Period. Id. at 2 n.3 (citing Connect America Fund et al., WC Docket No. 10-90 et al.,
Order, 28 FCC Rcd 7074 (2013)).

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.4 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 Amy Goodman, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via email at Amy.Goodman@fcc.govmailto:.
- FCC -

4 47 C.F.R. §§ 1.1200 et seq.
2

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