******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of) ) Request by ALTS for Clarification) File No. of the Commission's Rules Regarding ) CCB/CPD 97-30 Reciprocal Compensation for ) Information Service Provider Traffic ) ORDER Adopted: July 22, 1997; Released: July 22, 1997 By the Chief, Competitive Pricing Division, Common Carrier Bureau: This Order addresses Petitioners' motion for an extension of time to file comments responding to our July 2, 1997 Public Notice requesting comments on the Association for Local Telecommunications Services (ALTS) letter seeking expedited clarification of the Commission's rules regarding the rights of a competitive local exchange carrier (CLEC) to receive reciprocal compensation pursuant to section 251(b)(5) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996 (Act), for the transport and termination of traffic to CLEC subscribers that are information service providers. The notice set deadlines of July 17, 1997 for initial comments and July 24, 1997 for replies. For the reasons below, we extend the deadline for reply comments to July 31, 1997. Petitioner argues that an extension of the reply comment deadline will allow all parties to take into account the implications, if any, of the July 18, 1997 decision of the United States Court of Appeals for the Eighth Circuit in Iowa Utilities Board, et. al. v. FCC (Iowa Utilities Board) with respect to issues raised in this proceeding. Petitioner argues that the brief extension requested would serve the public interest by affording the Commission a more reliable and complete record upon which to render a decision in this matter and that it would not unduly prejudice the interests of any party. The Commission may, on its own motion or on petition, waive any provision of its rules or orders if good cause is shown. Good cause requires findings that special circumstances or hardships warrant deviation from the rules or orders and that such deviation would be in the public interest. We conclude that granting Petitioner's request for a one-week extension of the reply comment deadline fulfills these conditions. The Iowa Utilities Board decision vacated a number of sections of the Commission's rules, including sections that were referenced in ALTS's letter and several parties' initial comments. We conclude that this event, taking place less than one week before the reply comment deadline, constitutes a special circumstance. Furthermore, we conclude that the public interest would be served by allowing parties time to consider at greater length the impact of the Iowa Utilities Board decision as it will allow for a more reliable and complete record. At the same time, we are mindful of the concerns expressed in ALTS's letter and by parties in their initial comments regarding the need to conclude this proceeding as rapidly as possible. We conclude, however, that a one-week extension of the reply comment deadline will not unduly prejudice any party because we believe that allowing parties a brief period of time to consider in their reply comments the potential effect of the Iowa Utilities Board decision will allow for more efficient Commission consideration of the issues in this proceeding. Accordingly, IT IS ORDERED, that pursuant to Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91 and 0.291, the motion for extension of time filed by Petitioner on July 21, 1997, in this proceeding IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Chief, Competitive Pricing Division Common Carrier Bureau