Implementation of the Local Competition Provisions in the Telecommunications Act of 1996; Increase in Page Limits for Comments and Reply Comments on Proposed Rule

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 96-98, DA 96-700]

Implementation of the Local Competition Provisions in the

Telecommunications Act of 1996; Increase in Page Limits for Comments

and Reply Comments on Proposed Rule

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On April 19, 1996, the Commission adopted and released a

Notice of Proposed Rulemaking (NPRM) to implement provisions of the

Telecommunications Act of 1996 that address local competition. In

addition to seeking comment on substantive rules, the NPRM established

a limit of seventy-five (75) pages for the initial round of comments

and thirty-five (35) pages for reply comments. Exhibits, appendices,

and affidavits of expert

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witnesses are counted towards these page limits. In response to motions

filed by GTE Service Corporation and the Consumer Federation of

America, the Commission hereby increases the limit for initial comments

from 75 to 120 pages and the limit for replies from 35 to 50 pages. In

addition, the Commission expands the exclusion from these page limits

to include any technical diagrams submitted by commenters in addition

to the previously excluded documents. These modifications are intended

to permit the development of the best possible record in light of the

statutory deadline.

DATES: Comments on all sections of the NPRM other than Dialing Parity,

Number Administration, Public Notice of Technical Changes, and Access

to Rights of Way, must be submitted on or before May 16, 1996. Reply

Comments must be filed on or before May 30, 1996. Comments on the

remaining sections must be submitted on or before May 20, 1996. Reply

comments for these sections must be submitted on or before June 3,

1996.

ADDRESSES: 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, with a copy to Janice Myles of the Common

Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C. 20554.

A copy of Comments and Reply Comments on Dialing Parity, Number

Administration, Public Notice of Technical Changes, and Access to

Rights of Way should be submitted to Gloria Shambley of the Network

Services Division, Common Carrier Bureau, 2000 M Street, N.W.,

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. Parties are also asked to submit comments and reply comments on

diskette. Such diskette submissions would be in addition to and not a

substitute for the formal filing requirements addressed above. Parties

submitting diskettes should submit them to Janice Myles of the Common

Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C. 20554.

In addition to filing comments with the Secretary, a copy of any

comments on the information collections contained herein should be

remitted to Dorothy Conway, Federal Communications Commission, Room

234, 1919 M Street, N.W., Washington, D.C. 20554 or via the Internet to

[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB,

725--17th Street, N.W., Washington, DC 20503 or via the Internet to

[email protected].

FOR FURTHER INFORMATION CONTACT: Kalpak Gude at (202) 418-1580, Common

Carrier Bureau, Policy and Program Planning Division.

SUPPLEMENTARY INFORMATION:

Adopted: May 7, 1996

Released: May 7, 1996

By the Chief, Common Carrier Bureau:

1. On April 19, 1996, the Commission released a Notice of Proposed

Rulemaking (Notice) in CC Docket No. 96-98 to implement the local

competition provisions of the Telecommunications Act of 1996.

Implementation of the Local Competition Provisions of the

Telecommunications Act of 1996, Notice of Proposed Rulemaking, CC

Docket No. 96-98, FCC 96-182, 61 FR 18311 (April 25, 1996). The NPRM

provided that comments were to be no longer than seventy-five (75)

pages and that reply comments were to be no longer than thirty-five

(35) pages, including exhibits, appendices, and affidavits of expert

witnesses. Empirical economic studies and copies of relevant state

orders were not to be counted against these page limits. The NPRM

required parties to file comments by May 16, 1996 and reply comments by

May 30, 1996. The NPRM established separate comment and reply dates for

issues regarding Dialing Parity, Number Administration, Notice of

Technical Changes, and Access to Rights of Way. Nothing in this order

alters or affects filing procedures regarding those issues.

2. On May 1, 1996, GTE Service Corporation (GTE) and the Consumer

Federation of America (CFA) filed motions for extension of time. GTE

Motion for Extension of Time and for Waiver of Page Limits (filed May

1, 1996); CFA Request for Extension of Time (filed May 1, 1996). GTE

argued that, in light of the number of issues to be addressed, the

inclusion of appendices in the page limits, the 35 page limit for

replies, and the 14 day time period for replies, will preclude

development of the most helpful and informative record. Among other

things, GTE emphasized the difficulty of reviewing the record and

filing reply comments within 14 days. GTE urged the Commission to

modify the comment filing procedures to provide that: (1) Exhibits,

appendices, and affidavits not be counted against the page limits; (2)

the page limit for replies be 50 pages; and (3) the date for filing

reply comments be increased from 14 to 21 days after the comment due

date, i.e., June 6, 1996.

3. CFA argued that this proceeding and the universal service

proceeding are inextricably linked, and that the limited comment

periods in this proceeding would have a disproportionate negative

effect on the ability of public interest groups to file comments.

Federal-State Joint Board on Universal Service, Notice of Proposed

Rulemaking and Order Establishing Joint Board, CC Docket No. 96-45, FCC

96-93, 61 FR 10499 (March 14, 1996). CFA argued that large

telecommunications companies with substantial resources would have less

difficulty participating in both proceedings, while public interest

groups may be forced to either file comments which are less than

complete or not file comments at all. CFA asserted that this would

result in an incomplete record. CFA requested the Commission to extend

the time to file comments until June 13, 1996 and the time for reply

comments until July 3, 1996.

4. In light of concerns expressed by the parties, and in the

interest of building the best record possible under the existing

circumstances, the page limitations are modified as follows: (1)

Comments must be no longer than one hundred twenty (120) pages and

reply comments no longer than fifty (50) pages; (2) in addition to

empirical economic studies and copies of relevant state orders,

technical diagrams will not count against these page limitations; and

(3) an additional 4 copies of comments and reply comments must be sent

to Janice Myles of the Common Carrier Bureau, 1919 M Street, NW., Room

544, Washington, DC 20554. We decline to adopt GTE's request that

exhibits, appendices and affidavits be excluded from the page limit

since we believe that this could easily be tantamount to removing the

page limitations altogether. In lieu of this, we are increasing the

page limit for comments substantially, from 75 to 120 pages. We are

also increasing the page limit for replies to 50 pages as requested by

GTE.

5. We deny the GTE and CFA requests for extension of the dates for

filing comments and/or replies. Although the current pleading schedule

is relatively compressed given the scope of the issues involved, we do

not believe that we can extend the filing dates without compromising

the Commission's ability to meet the implementation schedule mandated

by Congress.

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6. In order to facilitate development of the best possible record

within existing constraints, we stress the need for interested parties

to present their positions fully in their initial comments. We

emphasize that the purpose of reply comments is to permit parties to

respond to the original comments. 47 CFR Sec. 1.415(c).

7. Accordingly, it is ordered that the motion for extension of time

and for waiver of page limits filed by GTE Service Corporation is

granted to the extent indicated above and otherwise denied.

8. It is further ordered that the request for extension of time

filed by the Consumer Federation of America is denied.

Federal Communications Commission.

Regina M. Keeney,

Chief, Common Carrier Bureau.

[FR Doc. 96-11965 Filed 5-10-96; 8:45 am]

BILLING CODE 6712-01-P