PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 _______________________________________________________ DA 96-414 Report No. CC 96-10 COMMON CARRIER ACTION March 25, 1996 COMMON CARRIER BUREAU CLARIFIES AND EXTENDS REQUEST FOR COMMENT ON ACTA PETITION RELATING TO "INTERNET PHONE" SOFTWARE AND HARDWARE - RM No. 8775 Comments Due: May 8, 1996 Replies Due: June 8, 1996 On March 4, 1996, America's Carriers Telecommunication Association (ACTA) filed a Petition for Declaratory Ruling, Special Relief, and Institution of a Rulemaking relating to the provision of interstate and international interexchange telecommunications service via the "Internet" by non-tariffed, uncertified entities. ACTA alleges that providers of "Internet phone" software and hardware are operating as uncertified and unregulated common carriers, in contravention of FCC rules, and seeks three forms of relief. First, ACTA seeks a declaratory ruling establishing the Commission's authority over interstate and international telecommunications services using the Internet. Second, ACTA asks the Commission for special relief: to order named and unnamed respondents immediately to stop provisioning Internet phone software and hardware without complying with the regulatory requirements of the Communications Act of 1934. Finally, ACTA urges the Commission to initiate a rulemaking proceeding to consider rules governing the use of the Internet for the provision of telecommunications services. On March 8, 1996, a public notice was issued seeking comment on ACTA's petition for rulemaking. When petitions for rulemaking are filed with the Commission, a public notice is routinely issued shortly after the petition is filed. The Commission's goal in seeking comment is to develop a record on which to base a decision about whether or not the issues raised by the outside party merit consideration. We hereby establish a consolidated pleading cycle for all of ACTA's requests. This proceeding will be treated as non-restricted for purposes of the Commission's ex parte rules. See generally 47 C.F.R. 1.1200-1.1216. (over) - 2 - Because of the complex issues implicated by the ACTA petition, the deadlines for filing comments on the petition are hereby extended. All comments on ACTA's petition should be filed on or before May 8, 1996, and all reply comments should be filed on or before June 8, 1996. Commenters should file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. A copy should also be sent to Wanda Harris, Common Carrier Bureau, FCC, Room 518, 1919 M Street, N.W., Washington, D.C. 20554, and to the Commission's contractor for public service records duplication: ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Informal comments in this proceeding may also be filed via electronic mail to . All filings in this non-docketed proceeding should reference RM No. 8775. The full text of the petition, and the comments and reply comments will be available for inspection and duplication during regular business hours in the FCC Reference Center, Federal Communications Commission, 1919 M Street, N.W., Room 239, Washington, D.C. 20554. Copies may also be obtained from International Transcription Service, Inc. (ITS, Inc.), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (202/857-3800). This public notice and additional information on filing comments will be available on the Internet through the "recent actions" section of the Common Carrier Bureau home page at . For further information, contact Kevin Werbach, 202/418-1597, of the Common Carrier Bureau. FEDERAL COMMUNICATIONS COMMISSION