Interconnection Between Local Exchange Carriers and Commercial Mobile Radio Service Providers and Equal Access and Interconnection Obligation Pertaining to Commercial Mobile Radio Service Providers

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.

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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),

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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]

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