********************* ********************* ************** 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. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-2502 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 4, 1998 Pleading Cycle Established for Petitions of MCI/WorldCom and National Association of Regulatory Utility Commissioners (NARUC) for Reconsideration of GTE DSL Order CC Docket No. 98-79 COMMENTS: January 5, 1999 REPLY COMMENTS: January 19, 1999 On November 30, 1998, NARUC filed a petition, pursuant to Section 1.106 of the Commission's rules, 47 C.F.R.  1.106, requesting that the Commission clarify and/or reconsider several aspects of the GTE DSL Order. MCI/WorldCom also filed a petition for reconsideration of the GTE DSL Order on November 30, 1998. In its petition, NARUC requests that the Commission 1) clarify that the GTE DSL Order does not preclude state commissions from requiring intrastate tariffing of xDSL services designed to connect end users to Internet Service Providers (ISPs); 2) clarify that the cost allocation procedures associated with GTE's ADSL tariff remain in effect until the Separations Joint Board makes a recommendation on any needed revisions; and 3) disclaim the rationale proposed for allowing GTE's tariff to go into effect, or at a minimum, clarify that the rationale presented is subject to further proceedings and is limited to this docket. In its petition, MCI/WorldCom states that the Commission should reconsider its conclusion that an ADSL communication terminates at a distant Internet website accessed by the end user. MCI/Worldcom argues that the end user and the ISP point of presence (POP) are the relevant end points for purposes of jurisdictional analysis. MCI/Worldcom contends that the location of any websites accessed as part of the information service provided by the ISP is irrelevant to determining the jurisdiction of GTE's ADSL service or any other telecommunications service used to connect end users to ISP POPs. In addition, MCI/WorldCom requests the that Commission clarify that xDSL services are not inherently interstate services and are not inherently access services. MCI/WorldCom maintains that ADSL services have a wide range of uses that are not Internet-related. This matter will continue to be treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules. See generally 47 C.F.R.  1.1200-1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of substance of the presentations and not merely a listing of the subjects discussed. More that a one or two sentence description of the views and arguments presented is generally required. Interested parties may file comments on or before January 5, 1999, and reply comments on or before January 19, 1999. When filing comments and/or replies, please reference CC Docket No. 98-79. Parties must file an original and four copies of all comments and replies in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R.  1.51(c). All filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 - 12th Street, S.W., TW-A325, Washington D.C. 20554. In addition, one copy of each pleading must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 1231 - 20th Street, N.W., Washington, D.C. 20036 and one copy with the Chief, Competitive Pricing Division, Room 518 at 1919 M Street, N.W., Washington, D.C. 20554. For further information contact Harold Watson or Dana Bradford at (202) 418-1520, TTY: (202) 418-0484. - FCC -