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Bureau Seeks Comment on Fairpoint, Inc.'s Petition

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Released: May 20, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1166

Released: May 20, 2013





CC Docket No. 02-33; WC Docket No. 10-90

Comment Date: June 10, 2013
Reply Comment Date: June 20, 2013

On May 1, 2013, FairPoint Communications, Inc. (“FairPoint”) filed a petition for declaratory
ruling or, in the alternative, a petition for waiver of the Commission’s rules so that FairPoint may provide
broadband Internet access on a non-common carrier basis.1 Specifically, FairPoint “seeks a declaratory
ruling that its rate-of-return (“ROR”) incumbent local exchange carriers (“ILECs”) subsidiaries that offer
wireline broadband Internet access transmission services (“BBIAS”) on a common carrier basis may elect
blanket certification to discontinue BBIAS as a common carrier service while following the [Part 69] cost
allocation rules that the Commission adopted for price cap carriers as set forth in its 2005 Broadband
Internet Access Order
.”2 In the alternative, FairPoint seeks “a waiver as necessary for the FairPoint ROR
ILECs to elect to provide non-common carrier BBIAS subject to the same [Part 69] cost allocation
treatment as price cap carriers under the 2005 Broadband Internet Access Order.”3 FairPoint argues that
it is uniquely situated following adoption of the USF/ICC Transformation Order,4 that enforcement of the
Commission’s Part 64 cost allocation rules would not serve the Commission’s policy goals, and that, in
the alternative, a waiver would be equitable and in the public interest.5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments on or before the date indicated above. 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).

1 FairPoint Communications, Inc. Petition for Declaratory Ruling or, in the Alternative, Petition for Waiver to
Provide Broadband Internet Access Service on a Non-Common Carrier Basis, CC Docket No. 02-33, WC Docket
No. 10-90 (filed May 1, 2013) (Petition).
2 Id. at 1, 11-13 (citing Appropriate Framework for Broadband Access to the Internet over Wireline Facilities et al.,
CC Docket No. 02-33 et al., Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 14853, 14924-27,
paras. 128-38 (2005) (2005 Broadband Internet Access Order)).
3 Petition at 2-3, 13-14 (citing 2005 Broadband Internet Access Order, 20 FCC Rcd at 14927, para. 138).
4 See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed
Rulemaking, 26 FCC Rcd 17663 (2011).
5 See Petition at 3, 13-14.

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
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 or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
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

6 47 C.F.R. §§ 1.1200 et seq.

For further information, please contact Christopher S. Koves, Wireline Competition Bureau,
Pricing Policy Division, at (202) 418-1520 or via email at
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