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PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR EXPEDITED RULEMAKING REGARDING SECTION 271 UNBUNDLING OBLIGATIONS

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Released: December 14, 2009

PUBLIC NOTICE

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

Internet: http://www.fcc.gov
ftp.fcc.gov

DA 09-2590



December 14, 2009

PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITION FOR EXPEDITED

RULEMAKING REGARDING SECTION 271 UNBUNDLING OBLIGATIONS

WC Docket No. 09-222

Comments: January 12, 2010
Reply Comments: February 10, 2010

On November 9, 2009, 360networks (USA) inc., Broadview Networks, Inc., Cbeyond, Inc.,
COMPTEL, Covad Communications Company, NuVox, PAETEC Holding Corp., Sprint Nextel
Corporation, and tw telecom inc. (collectively, the Section 271 Coalition) filed a petition with the Federal
Communications Commission (Commission) for expedited rulemaking seeking adoption of rules to
govern the provision of certain network elements by Bell Operating Companies (BOCs) pursuant to
section 271(c)(2)(B) of the Communications Act of 1934, as amended (Act).1
The Section 271 Coalition asserts that facilities-based competitors continue to rely, in many
locations, on BOC loops and transport facilities to reach end users and aggregation locations. The Section
271 Coalition states that access to these facilities, pursuant to the section 271(c)(2)(B) competitive
checklist, is therefore “essential to enable narrowband and broadband competition.”2 Accordingly, the
Section 271 Coalition proposes specific rules to govern the provision of elements by the BOCs, as
required by the section 271 checklist, that it claims “would establish clear requirements describing what
constitutes each individual Checklist item, as well as to give effect to the just and reasonable rate standard
that the Commission has previously determined applies to the Checklist Elements.”3 The Coalition
requests that the Commission adopt its proposed rules on an expedited basis.4
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-
sentence description of the views and arguments presented generally is required. See 47 C.F.R.


1 See 360networks (USA) inc., Broadview Networks, Inc., Cbeyond, Inc., COMPTEL, Covad Communications
Company, NuVox, PAETEC Holding Corp., Sprint Nextel Corporation, and tw telecom inc. Petition for Expedited
Rulemaking to Adopt Rules Pertaining to the Provision by Regional Bell Operating Companies of Certain Network
Elements Pursuant to 47 U.S.C. § 271(c)(2)(B) of the Act, WC Docket No. 09-222 (filed Nov. 9, 2009) (Section 271
Coalition Petition); see also 47 U.S.C. § 271(c)(2)(B) (competitive checklist).
2 Section 271 Coalition Petition at 2.
3 Id. at 25; see also id., Attach. A (enumerating the proposed rules).
4 Id. at 6.

§ 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 CPDcopies@fcc.gov. 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 fcc@bcpiweb.com.
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: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal:
http://www.regulations.gov. .
·
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
building.

PLEASE NOTE

: 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 fcc504@fcc.gov 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
2

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 fcc@bcpiweb.com.
For further information regarding this proceeding, contact Heather Hendrickson, Competition
Policy Division, Wireline Competition Bureau, 202-418-7295.
- FCC -
3

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