[ Text Version | WordPerfect Version ]

PUBLIC NOTICE

DA 97-4

January 2, 1997

On January 2, 1997, Ameritech Michigan filed an application for authorization to provide in-region interLATA service in the State of Michigan, pursuant to section 271 of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 271. This Public Notice establishes certain procedural requirements relating to the Commission's processing of that application. The Commission in a prior Public Notice adopted other procedural requirements that apply to the processing of this and all other applications for authorization under section 271 of the Act.⁽¹⁾ A copy of that earlier Public Notice is attached hereto. Also attached is a protective order adopted today, Application of Ameritech Michigan Pursuant to Section 271 of the Telecommunications Act of 1996 to Provide In-Region, InterLATA Services in Michigan, Protective Order, DA 97-5 (Common Carrier Bur. rel. Jan. 2, 1997), that establishes the conditions under which access to confidential documents submitted in this proceeding by Ameritech Michigan or any other party will be made available.

Comments By Interested Third Parties. Comments in support of or opposition to the Ameritech Michigan application by interested third parties must be filed on or before January 22, 1997.

State Commission and Department of Justice Written Consultations. The Michigan Public Service Commission (Michigan Commission) must file any written consultation on or before January 22, 1997. Any written consultation by the Department of Justice (which, by the Act's express terms, must become part of the record) must be filed on or before February 6, 1997.

Replies. All participants in the proceeding -- the applicant, interested third parties, the Michigan Commission, and the Department of Justice -- may file a reply to any comments filed by any other participant on or before February 18, 1997.

Treatment of Confidential Information. Submissions by parties (including Ameritech Michigan, the Department of Justice, and the Michigan Commission) that contain no confidential information or that do not comment on any confidential information submitted by other participants in the proceeding shall be filed in conformance with the procedures set forth in the attached Public Notice.⁽²⁾ To the extent a submission includes confidential information or comments on confidential information that another participant has submitted, the party filing that submission shall, consistent with the attached Public Notice, file an original and five copies of a public (i.e., redacted) version of its submission with the Secretary. Also, consistent with the attached Public Notice, each redacted filing must be submitted on a 3.5 inch computer diskette formatted in WordPerfect 5.1. In addition, consistent with the attached Public Notice, the party shall file an original and five copies of a confidential (i.e., unredacted) version of its submission.

Ex Parte Rules - Non-Restricted Proceeding. This proceeding is a non-restricted proceeding.⁽³⁾ Accordingly, ex parte presentations are permitted, provided they are disclosed in conformance with Commission ex parte rules.⁽⁴⁾ Because of the statutory time frame, however, the Commission strongly encourages parties to set forth their views comprehensively in the formal filings specified above (e.g., written consultations, oppositions, supporting comments, etc.) and not to rely on subsequent ex parte presentations. In any event, parties may not file more than a total of 20 pages of written ex parte submissions. This 20-page limit does not include: (1) written ex parte submissions made solely to disclose an oral ex parte contact; (2) written material submitted at the time of an oral presentation to Commission staff that provides a brief outline of the presentation; (3) written material filed in response to direct requests from Commission staff; or (4) written factual exhibits. Ex parte submissions in excess of the 20-page limit will not be considered part of the record.

For purposes of this proceeding, any oral ex parte presentations from the Department of Justice and the Michigan Commission will be deemed to be exempt ex parte presentations. To the extent that the Commission obtains through such oral ex parte presentations new factual information on which the Commission may rely in its decision-making process, the party submitting the information (the Department of Justice or the Michigan Commission) shall prepare a summary for inclusion in the record in accordance with Commission rules,⁽⁵⁾ unless such a summary is being prepared by Commission staff. We also waive any page limits for written ex parte submissions by the Department of Justice or the Michigan Commission.

Notwithstanding the above, the Commission may, by subsequent public notice, prohibit all presentations to its decision-making personnel regarding the application during a seven-day period preceding the anticipated release date of the Commission's order regarding the application.⁽⁶⁾

By the Chief, Common Carrier Bureau

News Media contact: Mindy J. Ginsburg (202) 418-1500.

FCC Common Carrier Bureau contacts: Melissa Waksman and Brent Olson (202) 418-1580.

1. See Procedures for Bell Operating Company Applications Under New Section 271 of the Communications Act, Public Notice, FCC 96-469 (rel. Dec. 6, 1996) (OMB Control No. 3060-0756).

2. See Procedures for Bell Operating Company Applications Under New Section 271 of the Communications Act, supra.

3. ³ See 47 C.F.R. §§ 1.1200(a), 1.1206.

4. ⁴ See id. at §§ 1.1202, 1.1206(a).

5. ⁵ See id. at § 1.1206(a).

6. ⁶ Cf. §§ 1.1200(a)-(b); 1.1203.