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Comment Sought on Waiver Request Regarding Reduction in Rates for VOIP

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Released: July 15, 2014
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

445 12th St., S.W.

Washington, D.C. 20554

DA 14-1001

Released: July 15, 2014

WIRELINE COMPETITION BUREAU SEEKS COMMENT

ON PETITION FOR WAIVER OF SECTION 51.913(a) REGARDING REDUCTIONS IN

INTERCARRIER COMPENSATION RATES FOR ORIGINATING INTRASTATE TOLL

VOICE OVER INTERNET PROTOCOL TRAFFIC

WC Docket Nos. 03-109, 05-337, 07-135, 10-90; CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51;

WT Docket No. 10-208

Comment Date: August 4, 2014

Reply Comment Date: August 14, 2014

The Wireline Competition Bureau seeks comment on a petition for waiver filed by NTCA-The

Rural Broadband Association, the National Exchange Carrier Association, ITTA, the Eastern Rural

Telecom Association, WTA-Advocates for Rural Broadband, Frontier Communications Corporation, and

Windstream Communications, Inc. (collectively, “Petitioners”) on July 7, 2014.1

Petitioners request that

the Commission waive application of section 51.913(a) of the Commission’s rules and “thereby pause,

effective June 30, 2014, any reductions in intercarrier compensation (‘ICC’) rates for originating

intrastate toll Voice over Internet Protocol (‘VoIP’) traffic until full implementation of the Connect

America Fund (‘CAF’) Phase II mechanism, in the case of price cap carriers, or a tailored CAF

mechanism for rural, rate-of-return regulated carriers (‘RLECs’), respectively.”2 Petitioners further state

that although “such rate reductions were effective on July 1, 2014…the applicable rates should be

restored to their levels as of June 30, 2014 as soon as possible and remain at such levels until after the

implementation of CAF Phase II and an RLEC CAF, respectively.”3

1 Emergency Petition for Waiver of NTCA-The Rural Broadband Association, the National Exchange Carrier

Association, ITTA, the Eastern Rural Telecom Association, WTA-Advocates for Rural Broadband, Frontier

Communications Corporation, and Windstream Communications, Inc., WC Docket Nos. 03-109, 05-337, 07-135,

10-90; CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WT Docket No. 10-208 (filed July 7, 2014) (Petition),

http://apps.fcc.gov/ecfs/document/view?id=7521371401.

2 Petition at 2 (citations omitted). See 47 C.F.R. § 51.913(a).

3 Petition at 2. See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice

of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order), pets. for review denied sub

nom., FCC 11-161, --- F.3d ----, 2014 WL 2142106 (10th Cir. May 23, 2014).

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Pursuant to section 1.419 of the Commission’s rules, 47 C.F.R. § 1.419, interested parties may

file comments and reply comments on or before the dates indicated above. Comments may be filed by

paper copies or by using the Commission’s Electronic Comment Filing System (ECFS).4

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. Because more than one docket number appears in the caption of this proceeding, filers

must submit two additional copies for each additional docket 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

4 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

5 47 C.F.R §§ 1.1200 et seq.

2

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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 Robin Cohn, Pricing Policy Division, Wireline

Competition Bureau, at (202) 418-2747 or Robin.Cohn@fcc.gov.

- FCC -

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