PUBLIC NOTICE
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Internet: http://www.fcc.gov
Washington, D.C. 20554
TTY: 1-888-835-5322
DA 12-2012
Release Date: December 11, 2012
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON A PETITION FOR
CLARIFICATION AND PARTIAL RECONSIDERATION OF THE WHOLESALER-RESELLER
CLARIFICATION ORDER
BY XO COMMUNICATIONS SERVICES, INC.
WC Docket No. 06-122
Comment Date: January 10, 2013
Reply Comment Date: January 25, 2013
The Wireline Competition Bureau seeks comment on a petition for clarification and partial
reconsideration of the
2012 Wholesaler-Reseller Clarification Order1 filed by XO Communications
Services, Inc. (XO).2 Specifically, XO asks the Commission to clarify or, in the alternative reconsider,
the instructions to the Universal Service Administrative Company for evaluating evidence of actual
contributions to the federal universal service fund by resellers. XO also seeks reconsideration of the
“clear and convincing” standard of proof adopted in the
Order.3
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,4 interested parties may file
comments or reply comments on or before the dates indicated above. Comments may be filed using the
Commission’s Electronic Comment Filing System (ECFS).5
§
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. 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,
1
Wholesaler-Reseller Clarification Order, WC Docket No. 06-122, Order, FCC 12-134 (rel. Nov. 5, 2012).
2 Petition for Clarification and Partial Reconsideration by XO Communications Services, Inc., WC Docket No. 06-
122, filed Dec. 5, 2012.
3
Id.
4 47 C.F.R. §§ 1.415, 1.419.
5
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1999).
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).
Additional Copies.
In addition, one copy of each pleading must be sent to each of the following:
§
Claudia Fox, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-A360, Washington, D.C. 20554; e-mail: Claudia.Fox@fcc.gov; and
§
Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail:
Charles.Tyler@fcc.gov .
Ex Parte Rules.
The proceeding this Notice initiates shall be treated as a “permit-but-disclose”
proceeding in accordance with the Commission’s
ex parte rules.6 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 Claudia Fox, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484, or
Claudia.Fox@fcc.gov .
6 47 C.F.R. §§ 1.1200
et seq.
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