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Reminder of Pleading Deadlines Regarding NCTA's Application for Review

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Released: December 24, 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 13-2472

Released: December 24, 2013





WC Docket No. 10-90

Oppositions Due: January 7, 2014
Replies to Oppositions Due: Ten (10) days after respective oppositions are filed

On October 31, 2013, the Wireline Competition Bureau (Bureau) released the Connect America
Phase II Service Obligations Order, which adopted service obligations for price cap carriers that accept
Connect America Fund Phase II support, and specified the metrics that will be used to determine if an
area will be considered “served by an unsubsidized competitor” and therefore ineligible for Phase II
support.1 On December 23, 2013, the National Cable and Telecommunications Association (NCTA) filed
an application for review of one aspect of the Connect America Phase II Service Obligations Order.2
Specifically, NCTA requests that the Commission reverse the Bureau’s determination in the Connect
America Phase II Service Obligations Order
that, in order to be deemed an unsubsidized competitor, an
existing provider must meet the same service obligations that are imposed on an incumbent carrier
receiving Phase II support.3
Pursuant to the Commission’s rules,4 oppositions shall be filed within 15 days after the
application for review is filed and replies to oppositions shall be filed within 10 days after the opposition
is filed. They may be filed using the Commission’s Electronic Comment Filing System (ECFS), or by
submitting paper copies.5
Electronic Filers: Pleadings may be filed electronically using the Internet by accessing the ECFS:

1 Connect America Fund, WC Docket No. 10-90, Report and Order, 28 FCC Rcd 15060 (Wireline Comp. Bur.
2013) (Connect America Phase II Service Obligations Order). Notice of the Connect America Phase II Service
Obligations Order
was published in the Federal Register. 78 Fed. Reg. 70881 (Nov. 27, 2013).
2 NCTA, Application for Review, WC Docket No. 10-90 (filed Dec. 23, 2013).
3 See id. at 1-2, 8; see also Connect America Phase II Service Obligations Order, 28 FCC Rcd at 15077, para. 40.
4 See 47 C.F.R. § 1.115.
5 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).

Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. 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.
o 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.
o 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.
o 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).

Additional Copies.

In addition, we request that you send one copy of each pleading to each of the
(1) Ryan Yates, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, SW, Room 5-B510, Washington, DC 20554; e-mail:; and
(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, SW, Room 5-A452, Washington, DC 20554; e-mail:
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

6 47 C.F.R. §§ 1.1200 et seq.

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 Ryan Yates, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -

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