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Proposed Rule

Special Access Proceeding; Comment Deadline Extension

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Federal Communications Commission.


Proposed rule; extension of comment and reply comment period.


In this document, the Wireline Competition Bureau (Bureau) extends the deadline for filing comments and reply comments on section IV.B of the Further Notice of Proposed Rulemaking that was adopted on December 11, 2012 in the special access proceeding. This extension is necessary to allow time for the Federal Communications Commission (Commission) to collect data on the special access market prior to the submission of comments and replies.


For section IV.B of the Further Notice of Proposed Rulemaking (78 FR 2600, January 11, 2013), the new Comment Date is March 19, 2014, and the new Reply Comment Date is April 30, 2014.


You may submit comments identified by WC Docket No. 05-25 and RM-10593 by any of the following methods:

  • Federal Communications Commission's Web site:​ecfs2/​. Follow the instructions for submitting comments.
  • People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: or phone: 202-418-0530 or TTY: 202-418-0432.

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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William Layton, Pricing Policy Division, Wireline Competition Bureau, 202-418-0868 or

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Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.

  • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS:​ecfs2/​.
  • Paper Filers: Parties who choose to file by paper must file an original and one copy 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. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

○ All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street 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.

○ 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 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 email to or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. 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 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 parte rules.

I. Background

On December 11, 2012, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking in the special access proceeding, Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services, 78 FR 2600, Jan. 11, 2013 (Further Notice). It required providers and purchasers of special access and certain other entities providing “best efforts” service to submit data and information for a comprehensive evaluation of the special access market. The Commission also sought comment on possible changes to its rules for granting pricing flexibility for the special access services provided by incumbent local exchange carriers in price cap areas; parties were expected to provide comments on rule changes after the Commission collected data for the market analysis. The stated deadline for submitting comments was August 19, 2013, and September 30, 2013 for reply comments.

II. Synopsis of Public Notice Extending Comment Deadlines

Since the release of the Further Notice, the Bureau has worked diligently to implement the data Start Printed Page 48641collection. The Bureau expects to begin collecting data towards the end of this year or early next year after receiving the Office of Management and Budget's approval for the collection in accordance with the Paperwork Reduction Act. Collection of the data is necessary before parties can comment on the questions posed in the Further Notice. Accordingly, we extend the deadline for filing comments and reply comments so that parties may prepare their comments after the data are collected and made available for review. The new comment date is March 19, 2014, and the new reply comment date is April 30, 2014.

III. Paperwork Reduction Act Analysis

Document DA 13-1677 does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198. See 44 U.S.C. 3506(c)(4).

For further information, please contact William Layton, Pricing Policy Division, Wireline Competition Bureau, 202-418-0868 or

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Federal Communications Commission.

Deena M. Shetler,

Associate Bureau Chief, Wireline Competition Bureau.

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[FR Doc. 2013-19340 Filed 8-8-13; 8:45 am]