[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Proposed Rules]
[Pages 6961-6963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4182]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[CC Docket No. 95-185; CC Docket No. 94-54; FCC 96-61]
Interconnection Between Local Exchange Carriers and Commercial
Mobile Radio Service Providers and Equal Access and Interconnection
Obligation Pertaining to Commercial Mobile Radio Service Providers
AGENCY: Federal Communications Commission.
ACTION: Supplemental Notice of Proposed Rulemaking.
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SUMMARY: In this Supplemental Notice of Proposed Rulemaking, the
Commission requests comments on the implications of the
Telecommunications Act of 1996 on the proposals and topics for comment
regarding interconnection between local exchange carriers and
commercial mobile radio service providers as identified in the Notice
of Proposed Rulemaking (Notice), CC Docket Nos. 95-185 and 94-54, 61 FR
03644 (Feb. 1, 1996). The Commission requests the parties to address
the extent to which the recent legislation may affect the
jurisdictional discussion in the Notice. The intended effect of the
Commission's action is to receive input on the implications of the
Telecommunications Act of 1996 on these issues.
DATES: Comments are due on or before March 4, 1996, reply comments are
due on or before March 25, 1996.
[[Page 6962]]
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: James Coltharp, Wireless
Telecommunications Bureau, at (202) 418-0600.
SUPPLEMENTARY INFORMATION: This Supplemental Notice of Proposed Rule
Making in CC Docket Nos. 95-185 and 94-54, adopted February 16, 1996,
and released February 16, 1996, is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 230,
1919 M Street, N.W., Washington, D.C. The complete text may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., 2100 M Street, N.W., Suite 140,
Washington, D.C. 20037, (202) 857-3800.
Synopsis of Supplemental Notice of Proposed Rulemaking
The Commission released the Notice, Interconnection Between Local
Exchange Carriers and Commercial Mobile Radio Service Providers and
Equal Access and Interconnection Obligation Pertaining to Commercial
Mobile Radio Service Providers, Notice of Proposed Rulemaking, CC
Docket Nos. 95-185, 94-54, FCC 95-505, 61 FR 03644 (Feb. 1, 1996)
(Notice), on January 11, 1996, prior to the enactment of the
Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56
(1996). Since the release of the Notice, interested parties have
requested the Commission to extend the dates for filing comments and
reply comments. In light of these events, the Commission asks for
additional comment in this proceeding and revises the pleading cycle
accordingly.
2. The National Association of Regulatory Utility Commissioners
(``NARUC'') and GTE Service Corporation (``GTE'') have filed motions to
extend the dates that initial and reply comments are due in the above-
referenced dockets. Specifically, NARUC requests that the date that
initial comments are due be extended four (4) days from February 26,
1996 to March 1, 1996 and the date reply comments are due be extended
from March 12, 1996 to March 24, 1996. GTE requests that the dates for
filing initial and reply comments be extended one month to March 26,
1996 and April 26, 1996, respectively. The Cellular Telecommunications
Industry Association (``CTIA'') has filed a response opposing GTE's
request, but not opposing NARUC's request. Ameritech Operating
Companies (``Ameritech'') filed comments in support of GTE's motion.
3. NARUC states that the present deadline of February 26, 1996 for
filing initial comments falls two days before the conclusion of its
previously scheduled winter meeting. NARUC states it was planning to
use its winter meeting to reach a consensus on the issues raised in
these dockets. With respect to the date for filing reply comments,
NARUC states that the deadline does not give its members sufficient
time to review initial comments and formulate a response. NARUC notes
that it frequently takes a week for some of its western members to
receive copies of comments, and that many of its state commission
members have procedural rules requiring several days notice for
approval of pleadings before they can be filed.
4. GTE argues that due to the complexity of the issues raised in
these dockets it needs more time to adequately address these issues.
GTE also asserts that it needs additional time to respond in light of
the recently enacted Telecommunications Act of 1996. GTE requests a 30
day extension of each of the filing deadlines.
5. CTIA states that GTE's request would significantly delay the
timely resolution of the issues raised in these dockets. Ameritech
contends that it needs additional time to review the new legislation
and it also states that it is in the process of negotiating several
interconnection agreements which will be relevant to the Commission's
analyses.
6. The Commission agrees with GTE and Ameritech that the
Telecommunications Act of 1996 may have an impact on this proceeding
and should be considered by parties formulating their comments and
reply comments. Therefore, the Commission is issuing this Supplemental
Notice of Proposed Rulemaking to seek comments on the implications of
the Telecommunications Act of 1996 on the Commission's proposals and
topics for comment regarding interconnection between local exchange
carriers and commercial mobile radio service providers as identified
and outlined in the Notice. The Commission requests the commenters to
particularly address the extent to which the recent legislation may
affect the jurisdictional discussion in the Notice.
7. The deadlines for the filing of all comments and reply comments
in this proceeding are revised. The Commission recognizes that NARUC is
attempting to overcome concrete timing problems beyond its own control
and that granting an extension permits NARUC to develop a consensus
position and ensures that each of its members has a chance to actively
participate in these proceedings. The Commission believes that the
extension will provide commenters adequate time to consider the
additional questions and to prepare comments in light of the new
legislation. GTE, however, has not presented a sufficient justification
for extending by 30 days each of the filing deadlines. Granting its
motion would jeopardize the timely resolution of the issues raised in
these dockets. Accordingly, initial comments will be due on March 4,
1996 and reply comments will be due on March 25, 1996.
8. Comments and reply comments should be captioned in CC Docket No.
95-185 only. Pursuant to applicable procedures set forth in Sections
1.415 and 1.419 of the Commission's rules, 47 CFR Secs. 1.415, 1.419,
interested parties may file comments on or before March 4, 1996, and
reply comments on or before March 25, 1996. To file formally in this
proceeding, parties must file an original and four copies of all
comments, reply comments, and supporting comments. For each
Commissioner to receive a personal copy of the comments, parties must
file an original and nine copies. Comments and reply comments should be
sent to Office of the Secretary, Federal Communications Commission,
1919 M Street, N.W., Room 222, Washington, D.C. 20554. Parties should
also file one copy of any documents filed in this docket with the
Commission's copy contractor, International Transcription Services,
Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Comments
and reply comments will be available for public inspection during
regular business hours in the FCC Reference Center, 1919 M Street,
N.W., Room 239, Washington, D.C. 20554.
Ex Parte Rules--Non-Restricted Proceeding
This is a non-restricted notice and comment rulemaking proceeding.
Ex parte presentations are permitted, except during the Sunshine Agenda
period, provided that they are disclosed as provided in the
Commission's rules, 47 CFR Secs. 1.1202, 1.1203, 1.1206.
Ordering Clauses
It is ordered that, pursuant to Sections 1, 4, 201-205, 215, 218,
220, 303(r) and 332 of the Communications Act of 1934, as amended, 47
U.S.C. Secs. 151, 154, 201-205, 215, 218, 220, 303(r) and 332, and the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996),
[[Page 6963]]
an order and supplemental notice of proposed rulemaking is hereby
adopted.
It is further ordered that, the motions for extension of time filed
by NARUC and GTE are granted to the extent described herein and
otherwise denied.
It is further ordered, that comments in CC Docket No. 95-185 will
be due March 4, 1996 and reply comments will be due March 25, 1996.
List of Subjects in 47 CFR Part 1
Communications common carriers.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-4182 Filed 2-22-96; 8:45 am]
BILLING CODE 6712-01-P
