******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 ) ) Price Cap Performance Review ) CC Docket No. 94-1 for Local Exchange Carriers ) ) Access Charge Reform ) CC Docket No. 96-262 ) ORDER Adopted: December 14, 1999 Released: December 14, 1999 Comment Date: January 7, 2000 Reply Comment Date: January 24, 2000 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. By this Order we extend the deadline for filing comment and reply comments in the above-captioned proceeding concerning the prescription of the X-factor to January 7, 2000, and January 24, 2000, respectively. 2. On November 15, 1999 the Commission released a Further Notice of Proposed Rulemaking (FNPRM) in this proceeding that invited interested parties to file comments on the local exchange carrier (LEC) price cap X-factor prescription no later than December 30, 1999 and reply comments no later than January 14, 2000. On December 6, 1999, the United States Telecom Association (USTA) requested an extension of the comment and reply comment deadlines until January 7, 2000, and January 31, 2000, respectively. USTA cites the need for additional time to review and respond to the staff studies underlying the X-factor analyses included in the FNPRM. In addition, USTA foresees that submission of additional data and studies in the comment period will require an extension of the reply comment deadline. U S West Communications, Inc. (U S West) filed comments in support of USTA's petition on December 10, 1999. 3. We agree with USTA that a modest extension of the comment and reply comment deadlines would enable interested parties to provide more substantive and complete comments on the numerous complex issues surrounding the prescription of the X-factor in the LEC price cap equation. Consequently, we are persuaded that granting an extension of the comment deadlines will enhance the overall quality of the comments and reply comments, and will provide a more complete record for consideration. As noted by USTA, however, the FNPRM was issued in response to a decision by the U.S. Court of Appeals for the D.C. Circuit to reverse and remand the Commission's 1997 X-factor order. The court's mandate has been stayed until April 1, 2000. We are concerned that extension of the comment deadlines to the dates requested by USTA will not allow us sufficient time to fully review the comments and prescribe an X-factor prior to the expiration of the court's stay on April 1, 2000. Therefore, we conclude that modifying USTA's request for the extension, as specified below, is in the public interest. 4. Accordingly, IT IS ORDERED, pursuant to Section 1.46 of the Commission's rules, 47 C.F.R.  1.46, that the request of USTA is GRANTED to the extent indicated. The comment deadline in the X-factor FNPRM is extended to January 7, 2000, and the reply comment deadline is extended to January 24, 2000. FEDERAL COMMUNICATION COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau