PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR DECLARATORY RULING OF BEEHIVE TELEPHONE
Federal Communications Commission
445 12th St., S.W.
News Media Information 202 / 418-0500
Washington, D.C. 20554
Released: February 12, 2010
PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR
DECLARATORY RULING OF BEEHIVE TELEPHONE, CO., INC. AND
BEEHIVE TELEPHONE CO. INC. NEVADA
WC Docket No. 10-36
March 1, 2010
REPLY COMMENTS DUE: March 11, 2010
(Beehive) filed a petition seeking a declaratory ruling that the Commission will not “entertain a complaint
by a local exchange carrier (‘LEC’) to recover unpaid tariffed access charges from its interexchange
carrier (‘IXC’) customer.”1 Beehive maintains that such a ruling would be justified because: “(1) an
alleged failure of an [IXC] to pay interstate access charges under a federal tariff does not state a cause of
action under the Communications Act of 1934, as amended (‘Act’); (2) a [LEC] cannot bring a complaint
under § 208(a) of the Act against an IXC in its capacity as a customer; and (3) the Commission is without
authority to act as a collection agent for a LEC with respect to unpaid tariffed access charges.”2
Interested parties may file comments on the Beehive Petition on or before
March 1, 2010and
reply comments on or before
March 11, 2010. Filings in this proceeding should be captioned “Beehive
Petition for Declaratory Ruling” and filed in WC Docket No. 10-36.
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 courtesy copies must be delivered to Lynne Hewitt Engledow, Federal Communications
Commission, Wireline Competition Bureau, Pricing Policy Division, 445 12th Street, SW, Room 5-A361,
Washington, DC 20554 or via e-mail at firstname.lastname@example.org. One copy must also be sent to Best
Copy and Printing, Inc., Portals II, 445 12th Street SW, Suite CY-B402, Washington, DC 20554,
telephone 202-488-5300, facsimile 202-488-5563, or via e-mail at email@example.com.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or
by filing paper copies.
1 See Petition of Beehive Telephone Co., Inc. and Beehive Telephone Co. Inc. Nevada for a Declaratory Ruling that
the Commission Does Not Entertain Actions by Incumbent Local Exchange Carriers to Recover Their Tariffed
Access Charges from Interexchange Carriers, WC Docket No. 10-36, at 1 (filed Feb. 2, 2010).
2 Id. at iii.
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the
website for submitting comments.
o 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 firstname.lastname@example.org
and include the following words in the body of the message: get form <your email
address>. 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.
Parties are strongly encouraged to file comments electronically using the Commission’s
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,
Marlene H. Dortch, 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 Street, SW, Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building. The filing
hours are Monday through Friday, 8:00 a.m. to 7:00 p.m.
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 email@example.com 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 at firstname.lastname@example.org.
This Public Notice establishes certain procedural requirements relating to consideration of the
petition for preemption. This matter shall be treated as a “permit-but-disclose” proceeding in accordance
with the Commission’s ex parte rules.3 Persons making oral ex parte presentations are reminded that
3 See 47 C.F.R. §§ 1.1200, 1.1206.
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.4 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
For further information, contact Lynne Hewitt Engledow of the Pricing Policy Division, Wireline
Competition Bureau at (202) 418-1520, or via e-mail at email@example.com.
- FCC -
4 See 47 C.F.R. § 1.1206(b).
5 See id.
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