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Released: December 14, 2009


News Media Information 202 / 418-0500

Federal Communications Commission

Fax-On-Demand 202 / 418-2830
445 12th St., S.W.
TTY 202 / 418-2555

Washington, D.C. 20554


DA 09-2591

December 14, 2009



WC Docket No. 09-223

Comments: January 22, 2010
Reply Comments: February 22, 2010

On November 16, 2009, Cbeyond, Inc. (Cbeyond) filed a petition with the Federal
Communications Commission (Commission) for expedited rulemaking concerning access by competitive
providers to incumbent local exchange carriers’ (LECs) fiber loops. Specifically, Cbeyond seeks
adoption of rules that would require incumbent LECs to provide unbundled access – pursuant to section
251(c)(3) of the Communications Act of 1934, as amended (Act)1 -- to packetized bandwidth of hybrid
fiber-copper loops, fiber-to-the-home (FTTH) loops and fiber-to-the-curb (FTTC) loops at the same rates
that incumbent LECs charge their own retail customers, for the purpose of serving small business
In its petition, Cbeyond argues, among other things, that the Commission has a “duty to
reexamine its policy with respect to unbundling of hybrid and fiber loops in light of changed
circumstances,”3 and that it should initiate an expedited rulemaking to determine the extent to which it
should review prior deregulatory decisions.4 Cbeyond claims that with access to hybrid, FTTH and FTTC
loops, as opposed to the limited bandwidth of T-1 circuits, it and other applications providers, can
develop and deliver “big business” applications to small businesses.5
This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the
Commission's ex parte rules. See 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte
presentations are reminded that 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-

1 47 U.S.C. § 251(c)(3).
2 See Cbeyond, Inc. Petition for Expedited Rulemaking to Require Unbundling of Hybrid, FTTH, and FTTC Loops
Pursuant to 47 U.S.C. § 251(c)(3) of the Act, WC Docket No. 09-223 (filed Nov. 16, 2009) (Cbeyond Petition).
3 Id. at 11 (also claiming that “the available evidence shows that the major premise underlying the Commission's
decision—that elimination of unbundling was necessary to remove disincentives to invest in next generation
broadband facilities—appears to have been false.”).
4 Id. at 27.
5 Id. at 3-4 (arguing that “Efficiency-enhancing applications such as virtualized desktops, hosted digital image and
file management, high-resolution video conferencing, broadcast/live video streaming, robust data protection, cloud-
based backup, sophisticated video security systems, cloud computing and software as a service are tools that larger
businesses use everyday and that small businesses could rely on to implement their business plans and create jobs.”).

sentence description of the views and arguments presented generally is required. See 47 C.F.R.
§ 1.1206(b). 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 rules, 47 C.F.R. § 1.1206(b).
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. Parties should also send a copy of their filings to the Competition Policy Division, Wireline
Competition Bureau, Federal Communications Commission, 445 12th Street, SW, Washington, DC
20554, or by e-mail to Parties shall also serve one copy with the Commission’s
copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC 20554, (202) 488-5300, or via e-mail to
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or
by filing paper copies.
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: or the Federal eRulemaking Portal:
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.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
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,
Office of the Secretary, Federal Communications Commission.
Effective December 28, 2009, 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. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of before entering the


: Through December 24, 2009, the Commission’s contractor
will receive hand-delivered or messenger-delivered paper filings for the Commission’s
Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. This
filing location will be permanently closed after December 24, 2009. The filing hours at
both locations are 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 or call the
Consumer and 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
For further information regarding this proceeding, contact Heather Hendrickson, Competition
Policy Division, Wireline Competition Bureau, 202-418-7295.
- FCC -

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