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Review of the Equal Access and Nondiscrimination Obligations Applicable to Local Exchange Carriers

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Information about this document as published in the Federal Register.

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Federal Communications Commission.




The Commission invites interested parties to update the record pertaining to issues raised in the Commission's equal access and nondiscrimination proceeding in light of marketplace and industry developments.


Interested parties may file comments on or before May 29, 2007, and reply comments on or before June 26, 2007.


You may submit comments, identified by CC Docket No. 02-39, by any of the following methods:

  • Federal eRulemaking Portal: Follow the instructions for submitting comments.
  • Federal Communications Commission's Web Site:​cgb/​ecfs/​. Follow the instructions for submitting comments.
  • E-mail: Comments may be filed electronically using the Internet by accessing the ECFS:​Start Printed Page 14555cgb/​ecfs/​ or the Federal eRulemaking Portal: Filers should follow the instructions provided on the Web site for submitting comments.
  • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response.
  • Mail: Parties who choose to file by paper must file an original and four copies 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 (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
  • The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.
  • 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 should be addressed to 445 12th Street, SW., Washington, DC 20554.
  • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: or phone: 202-418-0530 or TTY: 202-418-0432. 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 and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

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Janice Myles of the Competition Policy Division, Wireline Competition Bureau at (202) 418-1577 or e-mail

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In February 2002, the Commission issued a Notice of Inquiry, 67 FR 10919, March 11, 2002, to examine whether there was a continued need for the equal access and nondiscrimination obligations contained in antitrust decrees and carried forward by section 251(g) of the Communications Act of 1934, as amended (Act), or contained in the Commission's rules. Since the Commission's Notice of Inquiry was released in 2002, there have been a number of intervening developments that may have rendered the record developed in this proceeding stale. In particular, the market appears to be shifting from competition between stand-alone long distance services to competition between service bundles including both local exchange and long distance services. The industry structure has also changed with the mergers of local and long distance providers. For these reasons, the Wireline Competition Bureau requests that parties update the record with any new information or arguments they believe to be relevant to issues raised in the Notice of Inquiry. This will enable the Commission to undertake appropriate and expedited review of the equal access and nondiscrimination requirements.

All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. Parties should also send a copy of their filings to Janice Myles, Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-C140, 445 12th Street, SW., Washington, DC 20554, or by e-mail to Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to

Documents in CC Docket No. 02-39 are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail These documents may also be viewed on the Commission's Web site at​cgb/​ecfs.

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Federal Communications Commission.

Thomas J. Navin,

Chief, Wireline Competition Bureau.

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[FR Doc. E7-5561 Filed 3-27-07; 8:45 am]