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FCC Form 477 (Local Telephone Competition and Broadband Reporting) Due by September 1, 2006

July 12, 2006

The FCC Form 477 for the filing due on or before September 1, 2006 is now available electronically on the Federal Communications Commission's ("FCC") website (http://www.fcc.gov/fonnpage.html#477). All facilities-based providers of wired or wireless broadband connections to end user locations, all local exchange carriers, and all non-reseller commercial mobile radio service ("CMRS") providers offering mobile telephony are required to file Form 477 twice each year. In the filing that is due on or before September 1,2006, filers will report information about broadband connections and local telephone service as of June 30, 2006.

One of this form's purposes is to collect data on cable modem and cable-telephony service subscribers; thus, the FCC requires cable system operators to report the extent to which cable modem connections are available to the residential end user premises where the cable system offers cable television service. Also, the requirement to report cable modem service connections on Form 477 applies to holding companies whose subsidiaries and affiliates provide high-speed connections to end users in a particular state, and the requirement to report cable telephony lines applies when the holding company provides local telephone service lines in a particular state. Filers should indicate on Line 8 of the Cover Page and on the Certification Statement whether the data submitted on the form is entitled to confidential treatment.

For the purposes of Form 477, a broadband connection is one that enables the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kilobits per second. The facilities-based provider of a broadband connection is the entity that owns the portion of the wired broadband connection that terminates at the end user location, that provisions/equips over licensed or unlicensed spectrum the broadband wireless channel that terminates at the end user location, or that obtains an unbundled network element, special access line, or other leased facility to the end user location and provisions/equips it as broadband.

We would be pleased to respond to any questions regarding this matter.

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