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DA 01-1647
PARTIES ASKED TO REFRESH THE RECORD REGARDING RECONSIDERATION
OF RULES ADOPTED IN THE 1997 UNIVERSAL SERVICE FIRST REPORT AND
ORDER
CC Docket No. 96-45
Release Date: July 11, 2001
Comment Date: 30 days after publication in the Federal Register
Reply Comment Date: 45 days after publication in the Federal Register
Pursuant to section 1.106 of the Commission's rules, which governs petitions for
reconsideration, the Bureau invites interested parties to update the record pertaining to petitions
for reconsideration filed with respect to the rules the Commission adopted in the First Report and
Order in CC Docket No. 96-45, Federal-State Joint Board on Universal Service.
On May 8, 1997, the Commission released the Universal Service First Report and Order
as required by the 1996 Telecommunications Act. Many parties filed petitions for
reconsideration of that order. Since then, there has been substantial litigation concerning many of
the rules adopted in the Universal Service First Report and Order. As a result, many of the
issues raised in the petitions for reconsideration may no longer remain in dispute.
The Commission has refrained from considering many of the petitions for reconsideration
of the rules adopted in the Universal Service First Report and Order until most of the litigated
issues were resolved. Now that issues in dispute have narrowed, the Commission will proceed to
address petitions for reconsideration relating to rules that are not the subject of pending litigation.
Because these petitions were filed several years ago, the passage of time and intervening
developments may have rendered the records developed by those petitions stale. For example, in
addition to the litigation mentioned above, the Commission has issued several orders on
reconsideration of the Universal Service First Report and Order. Moreover, some issues raised
in petitions for reconsideration may have become moot or irrelevant in light of intervening events.
For these reasons, the Bureau requests that parties that filed petitions for reconsideration
of the Universal Service First Report and Order in 1997 now file a supplemental notice
indicating which of such issues they still wish to be reconsidered. In addition, parties may
refresh the record with any new information or arguments they believe to be relevant to deciding
such issues. To the extent parties do not indicate an intent to pursue their respective petitions for
reconsideration, the Commission will deem such petitions withdrawn and they will be dismissed.
The refreshed record will enable the Commission to undertake appropriate reconsideration of its
universal service rules.
Interested parties may file comments updating their previously filed petitions for
reconsideration no later than 30 days after publication of this Public Notice in the Federal
Register, and reply comments on or before 45 days after publication of this Public Notice in
the Federal Register. All filings are to reference CC Docket No. 96-45. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121
(1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to
<http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an electronic submission
must be filed. In completing the transmittal screen, commenters should include their full name,
Postal Service mailing address, and the applicable docket or rulemaking number. Parties may
also submit electronic comments by Internet e-mail. To receive filing instructions for e-mail
comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, "get form <your e-mail address." A sample form and
directions will be sent in reply. Parties who choose to file by paper must file an original and four
copies of each filing. All filings must be sent to the Commission's Secretary, Magalie Roman
Salas, Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W.,
TW-A325, Washington, D.C. 20554. Parties also must send three paper copies of their filing to
Sheryl Todd, Accounting Policy Division, Common Carrier Bureau, Federal Communications
Commission, 445 Twelfth Street, S.W., Room 5-A422, Washington, D.C. 20554. In addition,
interested parties must send diskette copies to the Commission's copy contractor, International
Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037. The original
petitions for reconsideration that parties filed in 1997 are available for inspection and copying
during normal business hours in the FCC's Reference Center, Room CY-A257, 445 12th Street,
SW, Washington, DC 20554. Copies can also be obtained from ITS at 1231 20th Street, NW,
Washington DC 20036 or by calling ITS at (202) 857-3800 or faxing ITS at (202) 857-3805.
Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. 1.1206, this proceeding
will be conducted as a permit-but-disclose proceeding in which ex parte communications are
permitted subject to disclosure.
For further information, contact Sheryl Todd, Accounting Policy Division, Common
Carrier Bureau at (202) 418-7400, TTY (202) 418-0484.