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Pleading Cycle Established for USTA Petition for Waiver.

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Released: February 12, 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 13-188

Released: February 12, 2013




WC Docket No. 13-43

COMMENTS: February 27, 2013
REPLY COMMENTS: March 11, 2013

On February 8, 2013, the United States Telecom Association (USTelecom) filed a petition on
behalf of its price cap members seeking a waiver of requirements in section 61.49(k) of the Commission’s
rules regarding non-exogenous cost data filing requirements for the Short Form Tariff Review Plan
(TRP).1 Specifically, USTelecom requests that all price cap local exchange carriers (price cap LECs)
receive a waiver from the requirement that they submit PC-1 and IND-1 forms as part of the Short Form
TRP.2 USTelecom states that those carriers would continue to file the EXG-1Form and their exogenous
cost work papers.3 In addition, USTelecom requests that the deadline for the Short Form TRP be moved
to May 17 to give price cap carriers additional time to prepare their cost data.4 USTelecom notes that a
similar waiver was requested and granted the last three years and contends that “[s]ince the same
circumstances that motivated the 2010, 2011 and 2012 petitions continue to be present, this petition
should be similarly granted and the waiver extended for another year.”5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments and reply comments on or before the dates indicated on the first page of this document.6 All

1 See Petition of the United States Telecom Association for Waiver of Rule 61.49(k)’s Non-exogenous Cost Data
Requirements for the Short Form Tariff Review Plan and for Waiver of Rule 61.49(k)’s Deadline for Filing the
Exogenous Cost Data Requirements of the Short Form Tariff Review Plan, WC Docket No. 13-43 at 1 (filed Feb. 8,
2 Id. at 2.
3 Id.
4 Id.
5 Id.
6 47 C.F.R. §§ 1.415, 1.419.

pleadings are to reference

WC Docket No. 13-43

. Comments may be filed using the Commission’s
Electronic Comment Filing System (ECFS).7
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 Street, 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
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 D.C. 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (tty).
In addition, one copy of each pleading must be sent to Pamela Arluk, Federal Communications
Commission, Wireline Competition Bureau, Pricing Policy Division, 445 12th Street, SW, Room 6-A236,
Washington, D.C. 20554, or via email at
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.8 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

7 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
8 47 C.F.R. §§ 1.1200 et seq.

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 further information, please contact Pamela Arluk, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via email at
- FCC -

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