Telecom Law Blog

On Nov. 20 the FCC released a Notice of Proposed Rulemaking (NPRM) addressing pole attachment rental rates, certain terms and conditions of pole access, and whether Incumbent Local Exchange Carriers (ILECs) are entitled to the protections of Section 224 of the Communications Act ("Pole Act"). The NPRM puts in play long-standing FCC rules and regulations, including the well-established "cable rate" formula, and proposes to reconsider and possibly revise significant aspects of the long-settled cost-based approach to setting pole rates. Although the FCC reached different conclusions in earlier rulemakings, the momentous changes and rate increases proposed in the NPRM are purportedly based on the FCC's obligation to promote competition and the deployment of broadband infrastructure. For the full advisory, click here.

As previously noted in our June 1 posting, the Federal Communications Commission (FCC) has extended its Telecommunications Relay Service (TRS) requirements, which oblige telecommunications service providers and manufacturers to afford persons with hearing and speech-impaired disabilities reasonable access to telephone services and equipment.

On May 31, 2007, the Federal Communications Commission (FCC) moved to extend its Telecommunications Relay Service (TRS) requirements, which oblige telecommunications service providers and manufacturers to afford persons with hearing and speech-impaired disabilities reasonable access to telephone services and equipment. The Order imposes those same requirements on “interconnected” [to the public switched network] Voice over Internet Protocol (VoIP) providers and manufacturers of VoIP equipment. VoIP providers will also be required to offer abbreviated “711” dialing to access these services and contribute to TRS funding. The text of the FCC’s Order has not yet been released, and so the specific details and effective date of these new VoIP regulations are not yet known. We will issue further advice when those details are released.

On April 2, 2007, the Federal Communications Commission (FCC) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) in response to a petition filed by the Electronic Privacy Information Center (EPIC) addressing the practice of “pretexting” and privacy concerns over customer proprietary network information (CPNI). This Order substantially amends the FCC’s existing rules governing the use and disclosure of CPNI by imposing more stringent access and authentication standards and procedures on telecommunications carriers.

On March 23, 2007 the FCC released a declaratory ruling classifying “wireless broadband Internet access service” as an information service and therefore not subject to regulation under Title II of the Communications Act. Further, the FCC determined that wireless broadband Internet access service is jurisdictionally interstate in nature thus generally precluding state and local regulation. In an effort to create regulatory parity between all broadband services, the FCC’s ruling puts wireless broadband service on the same regulatory footing as other broadband services, such as cable modem service, wireline broadband (DSL) Internet access service, and Broadband over Power Line (BPL) service. However, because most wireless service providers presently are also subject to FCC regulation under Title III of the Communications Act, this declaratory ruling likely will have limited practical impact on most wireless service providers.

Earlier today the U.S. Court of Appeals for the Eighth Circuit issued an opinion affirming the Federal Communications Commission’s (FCC) decision preempting state regulation of interconnected voice over Internet protocol (VoIP) services. Minnesota PUC v. FCC, No. 05-1069, slip op. The court was asked to review the FCC’s 2004 Vonage Order, which preempted the effort by the Minnesota Public Utilities Commission (PUC) to impose traditional state telecommunications regulation on Vonage’s VoIP service.

In a widely anticipated decision issued March 1, 2007, the Federal Communications Commission (FCC) granted a Petition for Declaratory Ruling filed by Time Warner Cable (TWC). TWC’s petition, filed exactly one year ago, asked the FCC to declare that telecommunications carriers are entitled, pursuant to Sections 251(a) and (b) of the Communications Act, to interconnect with incumbent local exchange carriers in order to provide public switched telephone network (PSTN) connectivity and other telecommunications services to providers of interconnected Voice over Internet Protocol (VoIP) service.(1) The order addresses many, but hardly all, of the issues facing interconnected VoIP providers. Importantly, it does not resolve the issue of how VoIP will be classified for regulatory purposes, i.e., whether VoIP is an information service or a telecommunications service.

CALEA Compliance Filing Due February 12

In several decisions the FCC has expanded obligations under the Communications Assistance for Law Enforcement Act (CALEA) beyond traditional telephone companies, to include interconnected VoIP providers and facilities-based broadband Internet access providers. These decisions call on these two classes of entities to be in compliance with the statute’s assistance capability requirements by May 14, 2007.

All facilities-based broadband providers are required to report semi-annually (March 1 and September 1) to the Federal Communications Commission (FCC) regarding their broadband service offerings and types of customers. Reporting entities include all wired and wireless broadband providers, such as cable operators, telecommunications and non-reseller commercial mobile radio service providers. The report is made on FCC Form 477 and the next filing is due on March 1, 2007. The FCC has posted the form on the following website: http://www.fcc.gov/formpage.html#477.

On January 31, 2007, Federal Communications Commission Chief Administrative Law Judge Richard Sippel issued an Initial Decision in Florida Cable Telecommunications Association, et al. v. Gulf Power Company (FCC 07D-01; E.B. Docket No. 04-381) upholding after an April 2006 hearing the FCC’s cost-based pole attachment regulations and denying all claims by an electric utility for drastic increases in pole rental from cable operator attachers. This hearing was the latest in a series of concerted efforts over the last two decades by The Southern Company, its affiliates, and other electric utilities to dismantle FCC regulation of pole attachments. Its outcome was of crucial importance to Florida’s cable operators, as well as the cable industry nationally, as Gulf Power sought to circumvent the FCC’s pole attachment rental formulas and charge cable operator attachers monopoly rents.

700 MHz Auction, Auction 71 (PCS Auction), and Upcoming FCC Auctions and Scheduled Dates

Spectrum auctions and policy are high on the FCC's 2007 agenda and the outcome of a number of pending proceedings could shape the wireless landscape for years to come. Topping that list are issues surrounding the planned auction of spectrum in the 700 MHz band, which are being watched closely by a number of parties, including Congress.

Time Warner Telecom (TWT) recently filed an ex parte letter and “white paper” asking the FCC to eliminate the higher pole attachment rate for attachments used to provide telecommunications services. The framework for a phased-in telecommunications pole attachment rate was adopted as part of the 1996 Telecommunications Act. TWT made its filings in two proceedings on rulemaking petitions that have been pending since late 2005 that concern possible reform or revision of the FCC’s pole attachment rules, but until now did not have rate issues expressly raised. TWT’s filing thus provides an opportunity for commenters to address the application of the telecommunications pole attachment rates to competitive providers of voice services.

In Order FCC 06-105, the Commission approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation to Time Warner Inc. and Comcast Corporation, the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner and Comcast, and the redemption of Comcast’s interests in Time Warner Cable and Time Warner Entertainment Company.

In Public Notice DA 06-1510, the Commission requested comment on the intercarrier compensation reform plan (the "Missoula Plan") filed July 24, 2006 by the National Association of Regulatory Utility Commissioners' ("NARUC") Task Force on Intercarrier Compensation. The Missoula Plan is the product of a three-year process of industry negotiations led by NARUC. 

In Public Notice DA 06-1490, the Commission requested comments on BellSouth's petition asking the Commission to grant BellSouth and similarly situated carriers forbearance from Title II and the Computer Inquiry rules to certain specified broadband services. Qwest and AT&T have also filed petitions for forbearance seeking similar relief. The Qwest, AT&T, and BellSouth forbearance petitions have identical comment and reply comment dates and are filed in the same WC Docket No. 06-125. A party commenting on two or more of these petitions should combine its comments into one filing. Comments are due by August 3, 2006, and replies by August 18, 2006.

In Order FCC 06-102, the Commission established its regulatory fees for Fiscal Year 2006. Consistent with its established practice, the Commission plans to collect those regulatory fees in the August-September 2006 time frame.

In Public Notice DA 06-1485, the Commission remind telecommunications equipment manufacturers and telecommunications service providers subject to Section 255 of the of their obligation to designate an agent for service of informal and formal complaints received by the Commission. In 1999, the Commission adopted regulations implementing Section 255, which requires telecommunications equipment manufacturers and service providers to ensure that their equipment and services are accessible to persons with disabilities, to the extent readily achievable. The regulations require, in part, that equipment manufacturers and service providers covered by Section 255 designate an agent for service of informal and formal complaints received by the Commission.

The Commission has released new data on high-speed connections to the Internet in the United States. Among other findings, the report found that high-speed connections to the Internet increased by 33 percent in 2005. Twice a year, all facilities-based broadband providers must to report to the Commission basic information about their service offerings and types of customers. The report reflects data as of December 31, 2005. The summary statistics also include state-by-state information, and population density and household income information ranked by Zip Codes. The report is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266596A1.pdf

The Commission released has new data on local telephone service competition. Twice a year, all incumbent local exchange carriers and competitive local exchange carriers must report basic information about their local telephone service, and all facilities-based mobile telephony providers are required to provide information about their subscribers. The report reflects data as of December 31, 2005. The report is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266595A1.pdf

In Order FCC 06-105, the Commission approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation to Time Warner Inc. and Comcast Corporation, the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner and Comcast, and the redemption of Comcast’s interests in Time Warner Cable and Time Warner Entertainment Company. 

In Notice of Apparent Liability for Forfeiture ("NAL") FCC 06-104, the Commission fined LocateCell $97,500 for apparently "willfully or repeatedly" violating a Commission order by failing to provide information and documents required by a subpoena. According to the News Release, LocateCell received the subpoena as part of the Commission's investigation into the apparent offering and sale of customer proprietary network information ("CPNI") by data brokers.

In Citation DA 06-1432, the Commission found that Usaskiptrace.com failed to comply with a subpoena requiring the production of documents and information. The subpoena concerned call detail and other customer proprietary network information that Usaskiptrace.com may be obtaining from telecommunications providers, in apparent violation of Section 222 and the rules. The Commission may impose monetary forfeitures for continued refusal to comply with the subpoena.

In Citation DA 06-1430, the Commission found that aaronspi.com failed to comply with a subpoena requiring the production of documents and information. The subpoena concerned call detail and other customer proprietary network information that aaronspi.com may be obtaining from telecommunications providers, in apparent violation of Section 222 and the rules. The Commission may impose monetary forfeitures for continued refusal to comply with the subpoena.

In Citation DA 06-1433, the Commission found that Matecheckpi.com failed to comply with a subpoena requiring the production of documents and information. The subpoena concerned call detail and other customer proprietary network information that Matecheckpi.com may be obtaining from telecommunications providers, in apparent violation of Section 222 and the rules. The Commission may impose monetary forfeitures for continued refusal to comply with the subpoena.

In Order FCC 06-97, the Commission granted the AT&T petition requesting a waiver of section 61.45(d) of the rules to permit it to treat its unrecovered carrier-specific local number portability ("LNP") costs as an exogenous cost adjustment and to recover those costs from end users via the end-user common line ("EUCL") charge. AT&T estimated that the proposed exogenous cost adjustment would range from 24 to 37 cents and would last for two years in the Southwestern Bell region and one year in the Ameritech and PacBell regions.

In Public Notice DA 06-1440, the Commission requested comment on Verizon's petition seeking waiver of the quarterly line count filing deadline associated with the receipt of universal service interstate access support pursuant to section 54.802(a) of the rules. Comments are due by July 26, 2006, and replies by August 2, 2006.

In Public Notice DA 06-1447, the Commission terminated the proceeding on the Qwest Petition for Clarification of Verizon Physical Collocation Discontinuance Order, WC Docket No. 02-237.

In Public Notice DA 06-1336, the Commission requested comment on the Section 214 application of Unite Communications Systems, Inc. ("Unite"), the parent company of ExOp of Missouri, Inc. dba Unite, and MJD Services Corp. ("MJD") seeking authority to transfer control of Unite from its common stockholders, Kevin M. Anderson, Ronald C. Reckrodt, Jeffrey S. Ingram, and Dennis R. Devoy, to MJD. Comments are due by July 12, 2006, and replies by July 19, 2006.   Unless otherwise notified by the Commission, Applicants may transfer the assets and related control on the 31st day after the date of the Public Notice.

In Public Notice DA 06-1346, the Commission removed from streamlined treatment the following applications. (1) The domestic Section 214 application filed for the acquisition of assets of County Telephone Company, Limited Partnership and LEC Long Distance, Inc. d/b/a CassTel Long Distance by FairPoint Communications Missouri, Inc., FairPoint Communications, Inc., and ST Long Distance, Inc. d/b/a FairPoint Communications Long Distance, WC Docket No. 06-64. 

In Order and Notice of Proposed Rulemaking ("NPRM") FCC 06-94, the Commission adopted two modifications to its approach for assessing contributions to the federal universal service fund ("USF"). The Commission required providers of interconnected voice over Internet Protocol ("VoIP") service to contribute to the USF. For interconnected VoIP providers, the "safe harbor" percentage used to estimate interstate revenue will be 64.9 percent of total VoIP service revenue. Interconnected VoIP providers also may calculate their interstate revenues based on their actual revenues or by using traffic studies.

In Public Notice DA 06-1335, the Commission announced the grant of the Section 214 applications of CTC Communications Group, Inc., ("CTC Group") and Choice One Communications Inc. ("Choice One") seeking authority to transfer control of the CTC Group subsidiaries and the Choice One subsidiaries as a result of the merger of CTC Group with and into Choice One, and of CTC Group, Choice One, and Conversent Communications, Inc. ("Conversent") requesting authority to transfer control of the Conversent subsidiaries as a result of the acquisition of Conversent by CTC Group and Choice One. 

In Order FCC 06-89, the Commission amended the rules to align oversight of the Universal Service Fund ("USF") with the responsibilities of the Office of the Inspector General ("OIG") and the Office of the Managing Director ("OMD"). The Commission assigned certain audit activities formerly assigned to the Wireline Competition Bureau, including oversight of the annual Part 54 audit of the Universal Service Administrative Corporation ("USAC"), to the OIG, and assigned calculation of the quarterly USF contribution factor to OMD. The Commission stated that the changes better align those USF oversight functions with the divisions within the Commission that can execute them most effectively.

In Public Notice DA 06-1302, the Commission requested comment on AT&T's petition requesting forbearance from: (1) applying certain dominant carrier regulations to in-region interstate interexchange services, including international services, provided by any AT&T affiliates; (2) certain separate affiliate regulations that apply to AT&T's provision of those services in the territories of its affiliates that are not Bell Operating Companies ("BOCs"); and (3) inbound call scripting obligations that require BOCs to inform new customers that they have a choice of long distance providers and to read them a list of providers. Comments are due by July 24, 2006, and replies by August 8, 2006.

In Public Notice DA 06-1314, the Commission announced that the provisions of Section 272 (other than Section 272(e)) applicable to BOC provision of in-region, interLATA telecommunications services sunset for the operations of Qwest in Minnesota by operation of law effective June 26, 2006. Section 272 requires BOCs to provide in-region, interLATA telecommunications services through separate corporate affiliates, subject to certain safeguards.

In Public Notice DA 06-1312, the Commission granted the Section 214 application of Aquila, Inc. ("Aquila") and Everest Connections Holdings, Inc. ("Everest Connections Holdings") to transfer control of Everest Midwest, LLC from Aquila to Everest Connections Holdings. The Department of Justice, including the Federal Bureau of Investigation, with the concurrence of the Department of Homeland Security ("Executive Branch Agencies") requested that the Commission defer grant of this application while the Executive Branch Agencies addressed potential national security, law enforcement, and public safety issues. On June 16, 2006, the Executive Branch Agencies withdrew their request to defer action on the application.

In Public Notice DA 06-1315, the Commission granted: (1) the domestic Section 214 application filed for the acquisition of certain assets of Charter Communications VI, LLC and Charter FiberLink WV-CCO, LLC by Cebridge Telecom WV, LLC, effective June 24, 2006; and (2) the domestic Section 214 application filed for the transfer of control of Americatel Corporation from Almendral, S.A., Empresa Nacional de Telecommunicaciones, S.A. and Entel International B.V.I. Corporation to Platinum Equity, LLC, effective June 26, 2006.

In Public Notice DA 06-1315, the Commission granted: (1) the domestic Section 214 application filed for the acquisition of certain assets of Charter Communications VI, LLC and Charter FiberLink WV-CCO, LLC by Cebridge Telecom WV, LLC, effective June 24, 2006; and (2) the domestic Section 214 application filed for the transfer of control of Americatel Corporation from Almendral, S.A., Empresa Nacional de Telecommunicaciones, S.A. and Entel International B.V.I. Corporation to Platinum Equity, LLC, effective June 26, 2006.

In Public Notice DA 06-1323, the Commission requested comment on the Section 214 application of Looking Glass Networks Holding Co., Inc. ("Looking Glass") and Level 3 Communications, Inc. ("Level 3") requesting authority to transfer control of Looking Glass to Level 3. Looking Glass Operations is a non-dominant provider of high-capacity data transport services as well as high-capacity dark fiber and carrier-neutral collocation services for enterprise and carrier customers in 14 major markets in the United States. Looking Glass Virginia, a Virginia corporation, provides interstate, intrastate, and local data transport services in Virginia. Comments are due by July 11, 2006, and replies by July 18, 2006. Unless otherwise notified by the Commission, Applicants may transfer the assets and related control on the 31st day after the date of the Public Notice.

In Notice of Proposed Rulemaking ("NPRM") No. 06–06, the Federal Aviation Administration ("FAA") imitated a rulemaking proposing to change their treatment of Determinations of No Hazard for communications towers. Currently, the FAA reviews not only the structural effect of proposed tower construction on the safety of air travel, but also the electromagnetic effects of the proposed tower user on aircraft communications, radar and other aviation electronics. However, there are no FAA regulations addressing the subsequent changes to towers that do not affect the height of those towers. When additional users were added to existing towers, no FAA approval was necessary.

Suzanne Toller of Davis Wright Tremaine, LLP San Francisco office will speak at the Internet Securities Summer 2006 Telecom Showcase in Oakland, California on June 29, 2006. The evening's program will address IP Video, including merger and acquisition activities in the IP Video sector. The registration fee is $25.00 at: http://acteva.com/go/telecom-showcase.

The Agenda for the Commission's June 21, 2006 Open Meeting includes consideration of a Report and Order and Notice of Proposed Rulemaking concerning its approach for assessing contributions to the federal universal service fund.

In Order DA 06-1251, the Commission provides limited relief for certain carriers to prepare for and respond to natural and other disasters. The Commission granted BellSouth 's petition, and granted in part petitions filed by the Verizon and Qwest to the extent they seek time-limited Special Temporary Authority ("STA") from the enforcement of specific statutory provisions and waiver of certain rules to plan for and undertake disaster recovery. The Order extended to the Petitioners relief consistent with the relief granted in the recent AT&T STA Order.

In Order FCC 06-81, the Commission addressed two issues concerning the provision of Video Relay Service ("VRS"), a form the telecommunications relay services ("TRS"), raised in the Further Notice of Proposed Rulemaking ("FNPRM") in the 2004 TRS Report and Order & FNPRM. The Commission clarified that if the calling party or the VRS communications assistant ("CA") find that they are not communicating effectively given the nature of the call, the 10-minute in-call replacement rule does not apply and the VRS provider may have another CA handle the call. The Commission also clarified that the VRS CA may ask the VRS user questions during call set-up when necessary to assist the CA in properly handling the call.

In Public Notice DA 06-1263, the Commission requested comment on the ACS of Anchorage, Inc. ("ACS") petition requesting forbearance from certain dominant carrier regulation of its interstate access services in the Anchorage, Alaska incumbent local exchange carrier ("LEC") study area, consistent with the relief that the Commission granted to Qwest in the Omaha, Nebraska Metropolitan Statistical Area. 

In Public Notice DA 06-1252, the Commission announced that the proposed universal service contribution factor for the third quarter of 2006 will decrease to 0.105 or 10.5 percent. The proposed contribution factor will be deemed approved if the Commission takes no action within the 14-day period following release of the Public Notice.

In Public Notice DA 06-1259, the Commission granted the domestic Section 214 application filed for the transfer of Control of Mid-Maine Communications, Inc., Mid-Maine Telecom, Inc., and Mid-Maine Telplus d/b/a Mid-Maine Long Distance to Otelco Inc., effective June 11, 2006.

In Public Notice DA 06-1185, the Commission approved the Section 214 application for the sale of the Burr Oak, Courtland, Esbon, Ionia, Lebanon, Republic, and Webber exchanges from United Telephone Company of Eastern Kansas, and the Downs, Luray, Osborne, Paradise, and Russell exchanges in Kansas from United Telephone Company of Kansas to RuralTel.

In Public Notice DA 06-1225, the Commission requested comment on the Section 214 application of Mpower Holding Corporation and U.S. TelePacific Holdings Corp. ("Holdings") requesting authority to transfer control of Mpower Communications Corp. to Holdings. Comments are due by June 21, 2006, and replies by June 28, 2006. Unless otherwise notified by the Commission, Applicants may transfer the assets and related control on the 31st day after the date of the Public Notice.

Robert M. McDowell has been sworn in by Chairman Martin as a member of the Federal Communications Commission. Commissioner McDowell has announced the hiring of Dana Shaffer, Angela Giancarlo, and Cristina Chou Pauzé as Acting Legal Advisors.

Commissioner Tate has announced that Ian Dillner, most recently Acting Legal Advisor to Chairman Martin, will join her office as a Legal Advisor. Mr. Dillner previously served in various roles in the Wireline Competition Bureau, where he focused on matters including broadband, competition, and public safety.

The Senate has confirmed Robert M. McDowell to serve as Commissioner of the Federal Communications Commission.

In Order DA 06-1102, the Commission found that the American Samoa Government and the American Samoa Telecommunications Authority ("ASTCA") have implemented the measures necessary to facilitate the ability of interexchange carriers ("IXCs") to integrate their service offerings to American Samoa.

In Order DA 06-1101, the Commission granted AT&T a limited waiver of section 61.42(g) of the rules to exclude its True IP to PSTN ("TIPToP") service from any price cap basket for purposes of the 2006 annual access tariff filing. AT&T stated that TIPToP "provides Internet Protocol Voice Information Service Providers (IP-VIS Providers) with connectivity" to the AT&T network.

In Order DA 06-1083, the Commission suspended for one day and made subject to the pending investigation Ameritech Transmittal No. 1550 to revise Tariff F.C.C. No. 2, Access Services, to become effective May 26, 2006, and the Southwestern Bell Telephone Company ("SWB") Transmittal No. 3130, to revise Tariff F.C.C. No. 73, Access Services, to become effective May 26, 2006.

In Public Notice DA 06-1150, the Commission granted the following: (1) the domestic Section 214 application filed for the acquisition of selected assets of Qwest Corporation by Sacred Wind Communications, Inc., effective May 27, 2006; and (2) the domestic Section 214 application filed for transfer of control of ICG Telecom Group, Inc. to Level 3 Communications, LLC, effective May 27, 2006.

In Public Notice DA 06-1134, the Commission requested comment on the Section 214 application of Americatel Corporation ("Americatel") requesting authority to transfer control of Americatel from Almendral, S.A. ("Almendral"), Empresa Nacional de Telecomunicaciones, S.A. ("Entel Chile"), and Entel International B.V.I. Corporation ("Entel BVI") to Platinum Equity, LLC ("Platinum Equity").

The Internal Revenue Service has announced it will end the 3 percent telephone excise tax on July 31, 2006, and will give business and individual taxpayers refunds, plus interest, going back three years. The IRS announcement follows decisions in five federal appeals courts holding that the tax does not apply to long-distance service. Taxpayers will be eligible to file for refunds of all excise tax they have paid on long-distance service billed to them after Feb. 28, 2003. Interest will be paid on these refunds.

In Public Notice DA 06-1092, the Commission requested comment on the Section 214 application of Charter Communications VI, LLC and Charter Fiberlink WV-CCO, LLC (collectively "Charter") and Cebridge Telecom WV, LLC ("Cebridge") requesting authority to transfer certain interstate telecommunications customers in West Virginia from Charter to Cebridge.

In Public Notice DA 06-1014, the Commission requested comment on the Section 214 application of Mid-Maine Communications, Inc. ("Communications"), Mid-Maine Telecom, Inc. ("Telecom") and Mid-Maine Telplus d/b/a Mid-Maine Long Distance ("Telplus") (collectively "Mid-Maine Companies") and Otelco Inc. ("Otelco") requesting authority to transfer control of Communications, the parent company of Telecom and Telplus, to Otelco.

In Public Notice DA 06-1087, the Commission requested comment on the Section 214 application of Nationwide Professional Teleservices, LLC ("Nationwide") requesting authority to discontinue domestic services as a reseller of telecommunications services.

In Public Notice FCC 06-71, the Commission revised the schedule and filing requirements for the upcoming first auction of spectrum licenses for Advanced Wireless Services ("AWS-1"). The auction, Auction No. 66, will include 1,122 AWS-1 licenses in the 1710-1755 MHz and 2110-2155 MHz bands.

In Public Notice DA 06-1038, the Commission announced the grant of the Section 214 application filed for transfer control of Montezuma Mutual Telephone Company to Iowa Telecommunications Services, Inc. No commenters opposed grant of the application.

In Public Notice DA 06-1029, the Commission announced the grant of the domestic Section 214 application filed for transfer of control of W.E. Communications Inc. and its subsidiary Harmony Telephone Company from Linda Halverson, Individually and as Trustee of the Kenneth L. Halverson 2004 Irrevocable Trust to MSG Tel, Inc., effective May 12, 2006.

In Public Notice DA 06-1036, the Commission announced that the domestic Section 214 application filed for transfer of control of Everest Midwest, LLC from Aquila, Inc. to Everest Connections Holdings, Inc., has been removed from streamlined treatment.

In Public Notice DA 06-995, the Commission requested comment on the Section 214 application of CTC Communications Group, Inc. ("CTC Group"), Choice One Communications Inc. ("Choice One"), and Conversent Communications, Inc. ("Conversent") requesting authority to transfer control of the Conversent subsidiaries as a result of the acquisition of Conversent by CTC Group and Choice One.

The Commission has released its report on informal consumer inquiries and complaints for the first quarter of calendar year 2006. Wireless complaints decreased from 4,956 in the 4th quarter to 4,616 in the 1st quarter. There were decreases in each of the Wireless categories. Wireline complaint receipts increased from 21,726 to 23,358.

The Communications has released its latest report on U.S. telephone subscribership levels. The report presents subscribership statistics based on the Current Population Survey ("CPS") conducted by the Census Bureau in November 2005. The report also shows subscribership levels by state, income level, race, age, household size, and employment status.

Commissioner Copps has released the following statement regarding news reports that the largest telecommunications carriers provided the government with customers' calling records:

In Order FCC 06-56, the Commission addressed several issues regarding implementation of the Communications Assistance for Law Enforcement Act ("CALEA"). The Commission took the following actions:

(1) Affirmed that the CALEA compliance deadline for facilities-based broadband Internet access and interconnected Voice over Internet Protocol ("VoIP") services will be May 14, 2007.

In Order FCC 06-69, the Commission extended the high-cost universal service support rules adopted in the Rural Task Force Order on an interim basis until the Commission concludes its rural review proceeding and adopts changes, if any, to those rules as a result of that proceeding.

In Further Notice of Proposed Rulemaking FCC 06-58, the Commission will consider ways to curtail the abuse of the two Internet-based forms of Telecommunications Relay Service ("TRS"): Internet Protocol ("IP") Relay Service and Video Relay Service ("VRS").

In Declaratory Ruling DA 06-1043, the Commission denied the Telco Group, Inc. ("Telco Group") petition for declaratory ruling requesting that the Commission either exclude international revenues from the end-user revenue base used to calculate payments due to the Interstate Telecommunications Relay Service Fund ("TRS Fund"), or in the alternative, waive the portion of Telco Group's contribution based on its international end-user revenues.

In Public Notice DA 06-989, the Commission requested comment on the Core Communications, Inc. ("Core") petition for forbearance from rate regulation preserved by Section 251(g) and the implementing rules.

In Public Notice DA 06-1033, the Commission extended to June 2, 2006 the deadline for reply comments in the NPRM to enhance security and authentication standards for access to customer proprietary network information ("CPNI"). The old deadline for reply comments was May 19, 2006.

In Public Notice DA 06-1031, the Commission requested comment on the National Exchange Carrier Association ("NECA") amended annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007.

In Public Notice DA 06-1031, the Commission requested comment on the National Exchange Carrier Association ("NECA") amended annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007.

In Public Notice DA 06-1000, the Commission announced the proposed North American Numbering Plan ("NANP") Administration fund size estimate and contribution factor for the fiscal year July 1, 2006 through June 30, 2007 (Fiscal Year 2006). The proposed funding requirement is $4,876,926 for Fiscal Year 2006, and the contribution factor is 0.000021. The fund size estimate and the contribution factor shall be deemed approved by the Commission if it takes no action within the 14-day period following release of the Public Notice.

In Public Notice DA 06-1048, the Commission terminated the proceedings on: the October 27, 2004 Global Crossing petition for declaratory ruling seeking clarification of the meaning and application of two provisions of the Southwestern Bell Telephone, L.P. interstate access tariff; the November 12, 2004, SBC petition for declaratory ruling seeking affirmation that its tariff permits it to use the telephone numbers of the calling and called parties to determine whether to bill long distance carriers interstate or intrastate terminating switched access rates for wireless originated long distance calls when there is no accurate or reliable information included in the call detail.

The Commission has released its latest Numbering Resource Utilization Report. Telephone number utilization refers to the percentage of telephone numbers assigned to customers compared to the total of telephone numbers assigned to carriers. As of June 30, 2005, numbering resource utilization was at 43.0 percent, up from 42.2 percent six months earlier.

In Order FCC 06-56, the Commission addressed several issues regarding implementation of the Communications Assistance for Law Enforcement Act ("CALEA"). The Commission took the following actions:

(1) Affirmed that the CALEA compliance deadline for facilities-based broadband Internet access and interconnected Voice over Internet Protocol ("VoIP") services will be May 14, 2007.

The Commission has published Federal Register notice of Order FCC 06-42, which amended the rules on unsolicited facsimile advertisements as required by the Junk Fax Prevention Act of 2005 ("Act"). The new rules are effective August 1, 2006. The Order:

(1) codified an established business relationship ("EBR") exemption to the prohibition on sending unsolicited facsimile advertisements;

(2) provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements;

(3) required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows recipients to "opt-out" of any future facsimile transmissions from the sender; and

(4) specified the circumstances under which a request to "opt-out" complies with the Act.

In Declaratory Ruling and Notice of Proposed Rulemaking ("NPRM") FCC 06-57, the Commission found that all Video Relay Service ("VRS") consumers must be able to place a VRS call through any VRS provider's service, and all VRS providers must be able to receive calls from, and make calls to, any VRS consumer.

In Further Notice of Proposed Rulemaking FCC 06-58, the Commission will consider ways to curtail the abuse of the two Internet-based forms of Telecommunications Relay Service ("TRS"): Internet Protocol ("IP") Relay Service and Video Relay Service ("VRS").

In Public Notice DA 06-970, the Commission requested comment on the annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007 submitted by the National Exchange Carrier Association ("NECA"), the Interstate Telecommunications Relay Services ("TRS") Fund Administrator.

In Public Notice DA 06-965, the Commission requested comment on the Section 214 application filed by WilTel Communications, LLC ("WilTel") requesting authority to discontinue the provision of long distance voice services to commercial retail customers located in Oklahoma, Florida, Georgia and Massachusetts.

Commissioner Tate has announced that Susan Fisenne will serve as her Confidential Assistant.

The Agenda for the Commission's May 3, 2006 Open Meeting includes the following items: Report and Order and Memorandum Opinion and Order regarding implementation of the Communications Assistance for Law Enforcement Act; a Declaratory Ruling and Notice of Proposed Rulemaking regarding interoperability of Video Relay Service; and a Further Notice of Proposed Rulemaking to address fraudulent use of the Internet-based forms of Telecommunications Relay Service.

In Public Notice DA 06-953, the Commission approved the application of Electric Lightwave, LLC ("ELI") and Integra Telecom Holdings, Inc. ("Integra") to transfer control of ELI to Integra.

In Public Notice DA 06-934, the Commission requested comment on the Section 214 application of Qwest and Sacred Wind Communications, Inc. ("Sacred Wind") requesting authority for Sacred Wind to purchase selected assets used in the provision of domestic telecommunications services from Qwest.

In Public Notice DA 06-950, the Commission requested comment on the Section 214 application of Yorkville Telephone Cooperative, Inc. ("YTC") and Yorkville Communications, Inc. ("YCI") and West Kentucky Rural Telephone Cooperative Corporation, Inc. ("WKT") and West Kentucky Networks, Inc. d/b/a wk.net ("WKN") requesting authority to assign certain telecommunications assets, including domestic Section 214 authorizations, from YTC to WKT, and from YCI to WKN, respectively, in the context of related asset purchase agreements.

In Public Notice DA 06-941, the Commission requested comment on the Section 214 application of Rural Telephone Service Company, Inc. ("RuralTel") and United Telephone Company of Kansas and United Telephone of Eastern Kansas (collectively "United") requesting authority for the sale of the Burr Oak, Courtland, Esbon, Ionia, Lebanon, Republic, and Webber exchanges from United Telephone Company of Eastern Kansas, and the Downs, Luray, Osborne, Paradise, and Russell exchanges in Kansas from United Telephone Company of Kansas to RuralTel. Comments are due by May 11, 2006, and replies by May 18, 2006.

In Public Notice DA 06-928, subject to the provisions of a protective order, the Commission announced its intent to place into the record in the proceeding on the ALLTEL Communications, Inc. and Midwest Wireless Holdings, LLC transfer of control applications: (1) Numbering Resource Utilization and Forecast ("NRUF") reports for all wireless telecommunications carriers concerning data as of December 31, 2004 and as of June 30, 2005; and (2) wireless-to-wireless Local Number Portability ("LNP") data for all wireless telecommunications carriers from the December 2004 and June 2005 LNP databases that the Commission receives from NeuStar, Inc.

In Order FCC 06-42, the Commission amended the rules on unsolicited facsimile advertisements as required by the Junk Fax Prevention Act of 2005 ("Act"). The Commission:

(1) codified an established business relationship ("EBR") exemption to the prohibition on sending unsolicited facsimile advertisements;



(2) provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements;



(3) required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows recipients to "opt-out" of any future facsimile transmissions from the sender; and



(4) specified the circumstances under which a request to "opt-out" complies with the Act.

In Order FCC 06-49, the Commission assessed a $715,031 forfeiture against Globcom, Inc. ("Globcom") for willful and repeated violations of the Communications Act and the rules. The Commission found that Globcom willfully and repeatedly violated the Act and rules by failing to contribute to the Universal Service Fund ("USF") and the Telecommunications Relay Service ("TRS") fund. In addition, the Commission found that Globcom also willfully and repeatedly violated the rules requiring it to file complete and accurate interstate and international revenue information. Globcom is an interexchange carrier headquartered in Northbrook, Illinois that provides resale interstate and international long-distance services.

In Order DA 06-860, the Commission granted the TelCove, Inc. ("Telcove") petition for declaratory ruling requesting that the Commission find permissible the indirect foreign ownership of TelCove FWL, Inc. ("TelCove FWL"), an indirect wholly-owned subsidiary of TelCove, in excess of the 25 percent benchmark for investment by foreign individuals, corporations, and governments in entities that control U.S. common carrier radio licensees set forth in Section 310(b)(4). Subject to limitations, the Commission found that the public interest would not be served by prohibiting the indirect foreign ownership of TelCove FWL in excess of the 25 percent benchmark.

In Order and Second Further Notice of Proposed Rule Making FCC 06-52, the Commission modified the rules on the eligibility of applicants and licensees for designated entity benefits to increase its ability to ensure that the recipients of designated entity benefits are limited to those entities and for those purposes Congress intended. The Order placed restrictions on the ability of applicants and licensees that have certain types of spectrum leasing or resale agreements to qualify for designated entity benefits.

In Public Notice DA 06-904, the Commission requested comment on the Section 214 applications of AT&T and BellSouth seeking approval of the transfer of control to AT&T of licenses and authorizations held directly and indirectly by BellSouth. The transfer of control will take place as a result of a proposed acquisition whereby BellSouth will become a wholly owned subsidiary of AT&T.

In Public Notice DA 06-837, the Commission requested comment on a petition filed by AT&T Inc., on behalf of the Pacific Bell Telephone Company, Southwestern Bell Telephone Company, The Ameritech Operating Companies, The Southern New England Telephone Company, and Nevada Bell Telephone Company (collectively "AT&T").

In Public Notice DA 06-839, the Commission requested comment on the Country Code 1 ENUM LLC ("ENUM LLC") petition for limited waiver to allow ENUM LLC to obtain North American Numbering Plan ("NANP") numbering resources. The petition requested a limited waiver of section 52.15(g) of the rules to allow ENUM LLC to obtain numbering resources directly from the Pooling Administrator to be used in conjunction with a trial of ENUM technology within the Country Code 1 North American Numbering Plan.

In Public Notice DA 06-903, the Commission requested comment on the Georgia Public Service Commission ("GPSC") petition for declaratory ruling seeking clarification that the GPSC is not preempted by federal law from setting just and reasonable rates under Section 271 for local switching, high capacity loops and transport, and line sharing.

In Public Notice DA 06-857, the Commission announced that the provisions of section 272 (other than Section 272(e)) applicable to Bell Operating Company ("BOC") provision of in-region, interLATA telecommunications services sunset for the operations of SBC Communications Inc. ("SBC") in Nevada by operation of law as provided in Section 272(f)(1) effective April 14, 2006.

In Public Notice DA 06-922, the Commission announced the inflation-adjusted 2005 revenue thresholds used for classifying carrier categories for various accounting and reporting purposes: (1) distinguishing Class A carriers from Class B carriers; and (2) distinguishing larger Class A carriers from mid-sized carriers. The revenue threshold between Class A carriers and Class B carriers was increased to $129 million. The revenue threshold between larger Class A carriers and mid-sized carriers was increased to $7.668 billion.

President Bush has renominated Chairman Martin for a second term as Commissioner and Chairman of the Commission.

Chairman Martin has named of Eric Miller as Acting Deputy General Counsel.

Commissioner Copps has announced that John Giusti, his Acting Legal Advisor for wireless and international issues, will be leaving his staff to serve as Deputy Bureau Chief of the International Bureau, and that Scott M. Deutchman will join his staff as Legal Advisor.

In Public Notice DA 06-667, the Commission requested comment on the Section 214 application of CTC Communications Group, Inc., ("CTC Group") and Choice One Communications Inc. ("Choice One") seeking authority to transfer control of the CTC Group subsidiaries and the Choice One subsidiaries as a result of the merger of CTC Group with and into Choice One.

In Public Notice DA 06-672, the Commission requested comment on the Section 214 application of CTC Exchange Services, Inc. ("CTCES") and CTC Long Distance Services, LLC ("CTCLD") requesting authority to discontinue the provision of certain domestic telecommunications services to specific customers located in Raleigh, North Carolina. CTCES currently provides facilities-based local service and CTCLD currently provides long distance and toll free interstate interexchange services to retail customers in the Maybrook Crossing Subdivision in Raleigh, North Carolina.

In Public Notice DA 06-665, the Commission requested comment on the Section 214 application of Cebridge Telecom Limited and Cox Communications, Inc., et al., seeking authority to transfer control of various Cox entities and assets to Cebridge.

Chairman Martin has named Anthony Dale as Acting Managing Director and Mark Stephens as Acting Chief Financial Officer.

In Order DA 06-649, the Commission established procedures for the 2006 filing of annual access charge tariffs and Tariff Review Plans ("TRPs") by all incumbent local exchange carriers ("ILECs").

In Order DA 06-643, the Commission adopted a limited, one-time waiver of section 64.904 of the rules to permit all carriers that are subject to the independent audit requirement to file, on April 1, 2006, two annual audit reports covering each of the prior two years instead of one audit report covering both of the prior two years, as currently required.

In Notice of Proposed Rulemaking ("NPRM") FCC 06-38, the Commission requested comment on its proposed regulatory fees for Fiscal Year ("FY") 2006. Comments are due by April 14, 2006, and replies by April 21, 2006.

In Public Notice DA 06-641, the Commission announced that the domestic Section 214 application filed for the transfer of control of Birch Telecom, Inc., Debtor-in-Possession, to the shareholders of the newly reorganized Birch Telecom has been removed from streamlined treatment.

Commissioner Tate has announced that John Grant will serve as her Special Advisor for Policy.

In Public Notice DA 06-639, the Commission extended the comment deadlines on the petition of Time Warner Cable for declaratory ruling that competitive local exchange carriers may obtain interconnection to provide wholesale telecommunications service to Voice over Internet Protocol ("VoIP") providers. Comments are now due by April 10, 2006, and replies by April 25, 2006.

In Public Notice DA 06-638, the Commission extended the comment deadlines on the petition of Time Warner Cable ("TWC") for preemption of the South Carolina Public Service Commission's decision to deny TWC a certificate of public convenience and necessity for certain areas served by rural local exchange carriers. Comments are now due by April 10, 2006, and replies by April 25, 2006.

In Public Notice DA 06-629, the Commission announced that the provisions of Section 272 (other than Section 272(e)) applicable to Bell Operating Company ("BOC") provision of in-region, interLATA telecommunications services sunset for the operations of Verizon Communications Inc. ("Verizon") in the District of Columbia, Maryland and West Virginia by operation of law effective March 19, 2006.

In Public Notice DA 06-628, the Commission requested comment on the Section 214 application of Electric Lightwave, LLC ("ELI") and Integra Telecom Holdings, Inc. ("Integra") requesting authority to transfer control of ELI to Integra. ELI provides local telephone, data, network, and long distance services to small and medium enterprise businesses, carriers, and the e-commerce market. The application is not subject to streamlined treatment. Comments are due by April 3, 2006, and replies by April 10, 2006.

In Public Notice DA 06-624, the Commission requested comment on the Section 214 application of Access Integrated Networks, Inc. ("AIN") and Trinsic Communications, Inc. f/k/a Z-Tel Communications, Inc. ("Trinsic") requesting approval for AIN to acquire certain customers of Trinsic. Trinsic is registered, licensed or otherwise authorized to provide local and long distance services nationwide, except Alaska.

In Public Notice DA 06-625, the Commission announced that domestic Section 214 application filed for acquisition of certain assets of Strategic Alliance Management, Inc. by Zone USA, Inc. has been removed from streamlined treatment. The Department of Homeland Security, with the concurrence of the Department of Justice, including the Federal Bureau of Investigation (collectively the "Executive Branch Agencies") requested that the Commission defer grant of the application while the Executive Branch Agencies address potential national security, law enforcement, and public safety issues.

In Public Notice DA 06-626, the Commission announced that the domestic Section 214 application filed for acquisition of certain assets of Central Utah Communications Leasing, LC by Zone USA, Inc. (d/b/a Zone Telecom, Inc.), has been removed from streamlined treatment. The Executive Branch Agencies requested that the Commission defer grant of the application while the Executive Branch Agencies address potential national security, law enforcement, and public safety issues.

The Commission has adopted a plan to establish a Public Safety and Homeland Security Bureau. The new Bureau is designed to provide a more efficient, effective, and responsive organizational structure to address public safety, homeland security, national security, emergency management and preparedness, disaster management, and other related issues.

Commissioner Copps announced that Jordan Goldstein, his Senior Legal Advisor, will leave the Commission. Jessica Rosenworcel will become his Senior Legal Advisor, and Bruce Liang Gottlieb will join his staff as Legal Advisor.

Verizon's petition for forbearance from Title II of the Communications Act and the Computer Inquiry rules was deemed granted by operation of law, effective March 19, 2006. Under Section 10(c), a forbearance petition is deemed granted if the Commission does not deny the petition within one year after receiving it, unless the one year period is extended by the Commission.

The Commission has released its report "2004 International Telecommunications Data" which reports traffic between the United States and other countries for international message telephone, private line, and miscellaneous services on a country-by-country basis.

The report is available at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264309A1.pdf

In Public Notice DA 06-580, the Commission announced the agenda for the April 7, 2006 meeting of its Consumer Advisory Committee ("CAC"). The purpose of the CAC is to make recommendations to the Commission regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of all consumers in proceedings before the Commission.

In Public Notice DA 06-571, the Commission announced that the proposed universal service contribution factor for the second quarter of 2006 is 0.109 or 10.9 percent. The proposed contribution factor will be deemed approved by the Commission if it takes no action within the 14-day period following release of the Public Notice.

The Commission has published Federal Register notice Further Notice of Proposed Rulemaking ("FNPRM") FCC 06-14, which requested comment on whether it should delegate authority to all states to implement mandatory thousands-block number pooling consistent with the parameters set forth in the accompanying Order (see the February 27, 2006 DWT FCC Daily), rather than continue to review requests from the states for authority to extend mandatory thousands-block number pooling to new numbering plan areas ("NPAs") on a case-by-case basis.

The Commission has published Federal Register notice of Notice of Proposed Rulemaking ("NPRM") FCC 06-10, which will consider whether additional security measures could prevent the unauthorized disclosure of customer proprietary network information ("CPNI") held by telecommunications companies (see the February 17, 2006 DWT FCC Daily).

In Public Notice DA 06-563, the Commission announced the grant of the domestic Section 214 application filed for acquisition of certain assets of U.S. Link, Inc., by Integra Telecom Holdings, Inc., effective March 10, 2006.

The Commission has released its annual Telecommunications Provider Locator report.

In Public Notice DA 06-561, the Commission requested comment on the Section 214 application filed by West Central Technologies, Inc. ("West Central"), Arvig Enterprises, Inc. ("Arvig"), and WETEC, LLC dba Unitel Communications ("WETEC") requesting authority to transfer of control of West Central's 50 percent membership interest in WETEC to Arvig, rendering Arvig as the sole owner of WETEC.

In Public Notice DA 06-555, the Commission requested comment on the Section 214 application filed by A.R.C. Networks, Inc., d/b/a InfoHighway Communications ("InfoHighway"), and Future Telecom, Inc. ("Future") to transfer certain assets, including customer accounts and accounts receivable, of Future to InfoHighway. Comments are due by March 22, 2006, and replies by March 29, 2006. Unless otherwise notified by the Commission, Applicants may transfer the assets and related control on the 31st day after the date of the Public Notice.

In Public Notice DA 06-553, the Commission announced the grant of the domestic Section 214 application filed for the transfer of control of BCN Telecom, Inc., through the Sale of Telecom Acquisition Company, LLC, effective March 9, 2006.

In Order FCC 06-25, the Commission addressed thirteen requests for relief from the Commission’s wireless Enhanced 911 ("E911") Phase II requirements filed by Tier III wireless service providers ("Petitioners").

The Agenda for the Commission's March 17, 2006 Open Meeting includes the following item: Eighth Notice of Proposed Rulemaking seeking comment on public safety communications needs in the 700 MHz band.

The Agenda for the Commission's March 17, 2006 Open Meeting includes the following item: Eighth Notice of Proposed Rulemaking seeking comment on public safety communications needs in the 700 MHz band.

In Public Notice DA 06-354, the Commission announced the proposed agenda for the March 14, 2006 meeting of the North American Numbering Council ("NANC").

In Public Notice DA 06-522, the Commission requested comment on the Section 214 application of Oregon Telecom, Inc. ("OTI") and Eschelon Telecom, Inc. ("ETI") requesting authority to transfer control of OTI to ETI. OTI is a non-dominant carrier providing resold local and long distance voice, Internet, and data services to small and medium-sized businesses in Oregon and Washington. ETI and its subsidiaries provide local and long distance voice, data, and Internet services and business telephone systems in Arizona, California, Colorado, Minnesota, Nevada, New York, Oregon, Utah, and Washington, and ETI is authorized to provide telecommunications services in Idaho and New Mexico. Comments are due by March 16, 2006, and replies by March 23, 2006. Unless otherwise notified by the Commission, Applicants may transfer the assets and related control on the 31st day after the date of the Public Notice.

In Public Notice DA 06-525, the Commission announced the grant of: (1) the domestic Section 214 application filed for transfer of control of Arlington Telephone Company, The Blair Telephone Company, Eastern Nebraska Telephone Company, Rock County Telephone Company, and HunTel Cablevision, Inc., d/b/a HunTel Communications from HunTel Systems, Inc., to Noble Holdings, Inc., effective March 4, 2006; (2) the domestic Section 214 application filed for the acquisition of the assets of Superior Technologies, Inc., by TelNet Worldwide, Inc., effective March 5, 2006; and (3) the domestic Section 214 application filed for transfer of control of Advantage Telecommunications Corp. from Sonya Bly to Robert Sorrentino, effective March 6, 2006.

In Public Notice DA 06-527, the Commission announced the grant of the Section 214 application filed by Hypercube, LLC ("Hypercube") and KMC Data LLC ("KMC Data") requesting authority to transfer control of KMC Data from KMC Telecom Holdings, Inc. ("KMC Holdings") to Hypercube.

In Public Notice DA 06-535, the Commission requested comment on the petition of Time Warner Cable and its South Carolina telecommunications affiliate, Time Warner Cable Information Services ("South Carolina"), LLC (collectively "TWC") requesting preemption of the South Carolina Public Service Commission's decision to deny TWC a certificate of public convenience and necessity ("CPCN") for certain areas served by rural LECs.

In Public Notice DA 06-534, the Commission requested comment on the Time Warner Cable ("TWC") petition for declaratory ruling requesting the Commission to affirm that competitive local exchange carriers ("LECs") are entitled to interconnect with incumbent LECs pursuant to Section 251 for the purpose of exchanging traffic on behalf of VoIP-based providers.

Chairman Martin issued the following statement in response to the merger announcement by AT&T and BellSouth: "I look forward to working with my colleagues on the Commission to review the applications expeditiously once they are filed.