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Refreshing Record in Framework for Broadband Internet Service NOI

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Released: May 30, 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 14-748

Released: May 30, 2014

WIRELINE COMPETITION BUREAU SEEKS TO REFRESH THE RECORD IN

THE 2010 PROCEEDING ON TITLE II AND OTHER POTENTIAL LEGAL FRAMEWORKS

FOR BROADBAND INTERNET ACCESS SERVICE

PLEADING CYCLE ESTABLISHED

GN Docket No. 10-127

Comment Date: July 15, 2014

Reply Comment Date: September 10, 2014

On May 15, 2014, the Commission released a Notice of Proposed Rulemaking (Notice) seeking

comment on proposed rules to protect and promote the open Internet.1 In the Notice, among other matters

the Commission directed the Wireline Competition Bureau to issue a public notice to refresh the record in

the Framework for Broadband Internet Service proceeding (GN Docket No. 10-127).2

The Commission initiated the Framework for Broadband Internet Service proceeding through

adoption of a Notice of Inquiry in 2010 seeking comment on the best legal framework for protecting and

promoting the open Internet—including, among other options, a possible “third way” approach that would

apply a limited set of Title II obligations to broadband providers. Today’s Public Notice establishes a

comment cycle by which members of the public can update the record in that proceeding in light of

marketplace and legal developments over the last four years.

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/.

1 Protecting and Promoting the Open Internet, GN Docket No. 14-28, Notice of Proposed Rulemaking, FCC 14-61

(rel. May 15, 2014) (Open Internet NPRM).

2 Id. at para. 149 n.302 (“The docket opened by the 2010 NOI [regarding the Framework for Broadband Internet

Service] remains open. To ensure that it remains current, we hereby direct the Wireline Competition Bureau to issue

a public notice to refresh the record in that proceeding including the inquiries contained herein.”). See also

Framework for Broadband Internet Service, GN Docket No. 10-127, Notice of Inquiry, 25 FCC Rcd 7866 (2010).

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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.

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).

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the

Commission’s ex parte rules. 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 Kristine Fargotstein, Competition Policy Division,

Wireline Competition Bureau at (202) 418-2774.

- FCC -

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