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Comment sought on Windstream Forbearance Compliance Plan

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Released: February 20, 2014

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-230

Released: February 20, 2014



WC Docket Nos. 12-61, 07-204, 07-21

Comments Due: March 6, 2014
Reply Comments Due: March 20, 2014

On May 17, 2013, the Commission conditionally granted forbearance to price cap carriers from a
set of rules that generally require carriers to assign costs to build and maintain the network and revenues
from services provided to specific categories (called the “Cost Assignment Rules”).1 The grant was
expressly conditioned on, among other things, the Wireline Competition Bureau’s approval of a
compliance plan to be filed by price cap carriers describing in detail how the price cap carrier would
continue to fulfill its statutory and regulatory obligations, as well as the other conditions to the
forbearance.2 On January 31, 2014, Windstream filed a copy of its compliance plan in WC Docket 12-
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 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). 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

1 Petition of USTelecom for Forbearance Under 47 U.S.C. § 160(c) from Enforcement of Certain Legacy
Telecommunications Regulations,
WC Docket No. 12-61, Memorandum Opinion and Order, 28 FCC Rcd 7627,
7646-54, paras. 31-51 (2013) (USTelecom Forbearance Long Order), pet. for rev. pending sub nom. Verizon and
AT&T v. FCC,
No. 13-1220 (D.C. Cir. filed July 15, 2013).
2 USTelecom Forbearance Long Order, 28 FCC Rcd at 7651-54, paras. 42-51.
3 Letter from Edward J. Cadieux, Senior Regulatory Counsel, Windstream, to Julie Veach, Chief, Wireline
Competition Bureau, Federal Communications Commission, WC Docket Nos. 12-61, 07-204, 07-21 (filed Jan. 31,

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.4 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
For additional information, please contact Marvin Sacks, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via e-mail at

4 47 C.F.R. §§ 1.1200 et seq.

- FCC -

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