FCC Web Documents citing 53.203

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • Consent to Transfer Control of Domestic and International Sections 214 and 310 Authorizations and Application to Transfer Control of a Submarine Cable Landing License, Order, DA 01-2039, para. 3 (rel. Aug. 31, 2001) (addressing standard for granting STAs); see also, 47 U.S.C. �� 154(i), 214(a), 303(r). VZ Petition at 2-3. See 47 C.F.R. �� 53.303(a)(1)-(2). See 47 C.F.R. �� 32.27, 53.203(e); see also Accounting Safeguards Order at para. 122. VZ Petition at n.3. See Bell Atlantic/GTE Merger Order at Appendix D, para. 12. (continued....) Federal Communications Commission DA 01-2344 Federal Communications Commission DA 01-2344 � � � � @& �0� �0� �0� �0� �0� �0� ��� ! *
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  • RELEASED: August 9, 2002 WIRELINE COMPETITION BUREAU SEEKS COMMENT ON VERIZON'S PETITION FOR FORBEARANCE FROM THE PROHIBITION OF SHARING OPERATING, INSTALLATION AND MAINTENANCE FUNCTIONS CC DOCKET NO. 96-149 COMMENTS DUE: September 9, 2002 REPLY COMMENTS DUE: September 24, 2002 On August 5, 2002, Verizon filed a Petition for Forbearance, in which it asks the Commission to forbear from applying section 53.203(a)(2) of its rules to Verizon with regard to the sharing of operation, installation and maintenance (``OI&M'') services. Specifically, Verizon argues that the OI&M restriction causes it to incur substantial additional costs by requiring the affiliate to hire additional personnel and develop its own operating support systems, when it would be more efficient to share these functions with the Bell Operating
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  • by competitors related to the provision or procurement of goods, services, facilities, and information, or in connection with the establishment of standards. � Allegations of cross-subsidies (no complaints received) 2. Obtained from the SBC BOCs and each Section 272 affiliate current written procedures for transactions with affiliates and compared these procedures with the FCC Rules and Regulations, including Sections 32.27, 53.203(e), and 64.901; Paras. 122, 137, 183, and 265 of the Report and Order in CC Docket No. 96-150, issued December 24, 1996, concerning Accounting Safeguards Under the Telecommunications Act of 1996 (11 FCC Rcd 17539 (1996)); and Paras. 180, 193, and 218 of the First Report and Order and Further Notice of Proposed Rulemaking in CC Docket No. 96-149, issued
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Verizon Petition for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) Of The Commission's Rules ) ) ) ) ) ) CC Docket No. 96-149 Adopted: May 22, 2003 Released: May 22, 2003 By the Chief, Wireline Competition Bureau: On August 5, 2002, Verizon filed a petition for forbearance from the Commission's rule prohibiting the sharing of operating, installation and maintenance functions (OI&M functions) between a Bell Operating Company (BOC) and
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  • D.C. 20554 DA 03-1920 Released: June 10, 2003 COMMENT DATES SET FOR PETITION FOR FORBEARANCE AND MODIFICATION FILED BY SBC COMMUNICATIONS INC. CC DOCKET NO. 96-149 CC DOCKET NO. 98-141 Comments Due: July 1, 2003 Reply Comments Due: July 15, 2003 On June 5, 2003, SBC Communications Inc. (SBC) filed a petition requesting that the Commission forbear from enforcing sections 53.203(a)(2) and 53.203(a)(3) of the Commission's rules, which prohibit sharing of operating installation and maintenance (OI&M) functions by section 272 affiliates and Bell Operating Companies (BOCs) and by section 272 affiliates and other affiliates of the BOCs. The petition also requests that the Commission modify the provisions of the SBC/Ameritech Merger Order that restrict the sharing of OI&M services. This matter
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ��a Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-149 CC Docket No. 98-141 Adopted: June 27, 2003 Released: June 27, 2003 By the Chief, Wireline Competition Bureau: On June 5, 2003, SBC Communications Inc. (SBC)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules ) ) ) ) ) ) CC Docket No. 96-149 ORDER Adopted: July 11, 2003 Released: July 11, 2003 By the Chief, Wireline Competition Bureau: In this Order, pursuant to section 10(c) of the Communications Act of 1934, as amended (the Act), we extend by 90 days the date by which the petition requesting forbearance filed
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  • BUREAU SEEKS COMMENT ON BELLSOUTH'S PETITION FOR FORBEARANCE UNDER SECTION 10 OF THE COMMUNICATIONS ACT, AS AMENDED, FROM THE PROHIBITION OF SHARING OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS CC DOCKET NO. 96-149 Comments Due: August 6, 2003 Reply Comments Due: August 20, 2003 On July 14, 2003, BellSouth Corporation (BellSouth) filed a petition requesting that the Commission forbear from enforcing sections 53.203(a)(2) and 53.203(a)(3) of the Commission's rules, which prohibit sharing of operating, installation, and maintenance (OI&M) functions by section 272 affiliates and Bell Operating Companies (BOCs) and by section 272 affiliates and other affiliates of the BOCs. This matter shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. �� 1.1200, 1.1206. Persons
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  • SEEKS COMMENT ON QWEST'S PETITION FOR FORBEARANCE UNDER SECTION 10 OF THE COMMUNICATIONS ACT, AS AMENDED, FROM THE PROHIBITION OF SHARING OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS CC DOCKET NO. 96-149 Comments Due: October 29, 2003 Reply Comments Due: November 13, 2003 On October 3, 2003, Qwest Services Corporation (Qwest) filed a petition requesting that the Commission forbear from enforcing sections 53.203(a)(2) and 53.203(a)(3) of the Commission's rules, which prohibit sharing of operating, installation, and maintenance (OI&M) functions by section 272 affiliates and Bell Operating Companies (BOCs) and by section 272 affiliates and other affiliates of the BOCs. This matter shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. �� 1.1200, 1.1206. Persons
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of Qwest Services Corporation for Forbearance from the Prohibition of Performing Operating, Installation, and Maintenance Functions under Section 53.203(a)(2)-(3) of the Commission's Rules ) ) ) ) ) ) ) CC Docket No. 96-149 ORDER Adopted: November 14, 2003 Released: November 14, 2003 By the Chief, Competition Policy Division: On October 3, 2003, Qwest Services Corporation (Qwest) filed a petition for forbearance, under section 10 of the Communications Act, as amended, requesting that the Commission forbear from applying sections
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  • CC Docket No. 97-172, Public Notice, 18 FCC Rcd 39 (2003). 47 U.S.C. � 272. Letter from Angela N. Brown, Regulatory Counsel, BellSouth Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 97-172 at 1 (filed Nov. 21, 2003) (citing Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149, Memorandum Opinion and Order, FCC 03-271 (rel. Nov. 4, 2003)). (...continued from previous page) (continued....) Federal Communications Commission DA 03-3778 Federal Communications Commission DA 03-3778 � h - � � � � F � �
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  • a complete record. AT&T states that rather than sunsetting, the rules should be extended another three years because additional safeguards are required to promote the robust competition Congress envisioned. AT&T states that this is true because BOCs provide other services in a discriminatory manner and engage in cost misallocation. Commenters contend that the Commission should forbear from, or eliminate, sections 53.203(a)(2) - (a)(3), which prohibit the sharing of operating, installation, and maintenance (OI& M) functions between a BOC and its section 272 affiliate. AT&T contends that OI&M restrictions remain necessary and that neither Verizon nor USTA have proven that circumstances have changed to provide a reasonable basis to repeal these rules, nor have BOCs proven that the restrictions handicap their ability
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  • Account No. 200432080025 BellSouth Telecommunications, Inc. ) EB Docket No. 03-197 ) Apparent Liability for Forfeiture ) FRN No. 0001-8579-52 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 24, 2004 Released: March 25, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that BellSouth Telecommunications, Inc. (``BellSouth''), apparently violated section 53.203(a)(3) of the Commission's rules during the period May 24, 2002 through at least March 17, 2004 by allowing a BellSouth affiliate, BellSouth Carrier Professional Service (``BCPS''), to perform operations, installation, and maintenance (``OI&M'') functions for BellSouth's section 272 affiliate, BellSouth Long Distance, Inc. (``BSLD''). Based on our review of the facts and circumstances of this case, and for the reasons
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  • II Jurisdictional Separations Reform and Referral to the Federal-State Joint Board, Local Competition and Broadband Reporting; WC Docket No. 02-269, CC Docket Nos., 00-199, 80-286, 99-301, Report and Order, FCC 04-149 (rel. June 24, 2004). See Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates, WC Docket No. 03-228, Report and Order, 19 FCC Rcd 5102 (2004) (OI&M Order). Sections 53.203(a)(2)-(3) of the Commission's rules prohibit a BOC's section 272 affiliate from sharing OI&M functions with the BOC or another BOC affiliate. 47 C.F.R. � 53.203(a)(2)-(3).. 47 C.F.R. � 53.203(a)(1). Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interstate Carriers, CC Docket No. 00-256, Federal-State Joint Board on Universal Service, CC Docket
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  • as filed. Letter from Ann D. Berkowitz, Associate Director-Federal Affairs, Verizon, to Marlene Dortch, Secretary, FCC, (filed May 6, 2004). See Verizon Files Cost Allocation Manual Revision, Public Notice, 19 FCC Rcd 10623 (2004). Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, WC Docket No. 03-228, CC Docket Nos.
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  • - The Verizon Telephone Companies. In the Matter of Valor Telecommunications of Texas, L.P. Petition for Waiver of the 2003 X-Factor Reductions Under Section 61.45(b)(1)(i) of the Commission's Rules (WCB Docket No. 03-16). Application for Review. July 14 In the Matter of Petition of BellSouth Corporation for Forbearance From the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules (CC Docket No. 96-149). Petition for Forbearance - BellSouth D.C., Inc. -2- July 15 In the Matter of Flexibility for Delivery of Communications by Mobile Satellite Service Provides in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands (IB Docket No. 01-185)/Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service
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  • Report and Order to reform existing international regulatory policies governing the relationship between U.S. and foreign carriers in the provision of services over U.S. international routes. 3 WIRELINE COMPETITION TITLE: Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates (WC Docket No. 03-228); Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order (CC Docket Nos. 96-149 and 98-141); Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules (CC Docket No. 96-149); and Review of Regulatory Requirements for Incumbent
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � M O O O O O O s s � M M ! � � s s SEPARATE STATEMENT OF CHAIRMAN MICHAEL K. POWELL Re: Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, Report and Order in WC Docket No.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � SEPARATE STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY Re: Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corp. for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, Report and Order and Memorandum Opinion and
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  • paras. 11-17). SWBT Application at 69 (citing SWBT Carrisalez Aff. at paras. 27-36; SWBT Larkin Aff. at paras. 9-11, 36-42. In addition, SWBT describes the security measures and other internal controls to show restricted access to the books, records, and accounts of its section 272 affiliate. See SWBT Larkin Aff. at paras. 10-11. 47 U.S.C. � 272(b)(3); 47 C.F.R. � 53.203(c); Ameritech Michigan Order, 12 FCC Rcd at 20730-31, para. 360; Second BellSouth Louisiana Order, 13 FCC Rcd at 20789-90, paras. 329-30; SWBT Application at 69-70; SWBT Carrisalez at paras. 37- 46, Attachs. D-K (submitting names of corporate officers and directors); Attach. L (submitting corporate policy prohibiting loans of employees); SWBT Yohe Aff. at paras. 18-19. 47 U.S.C. � 272(b)(4); 47
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  • Order on Reconsideration, 12 FCC Rcd 8653 (1997) (Second Order on Reconsideration), aff'd sub nom. Bell Atlantic Telephone Companies v. FCC, 131 F. 3d 1044 (D.C. Cir. 1997), Third Order on Reconsideration, FCC 99-242 (rel. Oct. 1, 1999) (Third Order on Reconsideration). Non-Accounting Safeguards Order, 11 FCC Rcd at 21911-12, para. 10. Id. at 21911-13, paras. 10-12. 47 C.F.R. � 53.203(a)(1). 47 C.F.R. � 53.203(a)(2)-(3). 47 C.F.R. � 53.203(b)-(c). 47 C.F.R. � 53.203(d). 47 C.F.R. � 32.27. Under the affiliate transaction rules, transactions are to be valued at publicly available rates - specifically, a tariffed rate, a rate in a publicly filed agreement or statement of generally available terms, or a qualifying prevailing price valuation - if possible. If there is
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  • letter, AT&T explains that it needs access to the redacted information to offer meaningful comments on the report. See AT&T August 7, 2001 Letter at 2-3. Verizon Letter at 4. The Commission's rules implementing section 272(b)(5) require a BOC's section 272 affiliate to disclose the rates, terms, conditions, and other information needed to make a purchasing decision. See 47 C.F.R. 53.203(e); see also Application of BellSouth Corporation, BellSouth Telecommunications, Inc., and BellSouth Long Distance, Inc. or Provision of In-Region, Inter-LATA Services in Louisiana, Memorandum Opinion and Order, 13 FCC Rcd 20599, paras. 332-39 (1998) (Second BellSouth Louisiana Order). See Verizon � 272(d) Audit Report at App. A, 33-37 (describing performance measurements program and listing aggregated results for Verizon and non-affiliated carriers).
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  • This rule is important because it helps to ensure that Verizon's affiliates do not receive better treatment than Verizon's competitors. We find that Verizon is apparently liable for forfeiture in the amount of $283,800 under section 220(d) of the Act for its apparent violations of section 32.27(c). We also admonish Verizon for violating section 272(b)(5) of the Act and section 53.203(e) of the Commission's rules by failing to post on the Internet accurate and timely descriptions of all transactions between the BOC and its section 272 affiliates. II. BACKGROUND Section 271 of the Act prohibits BOCs from providing in-region interLATA services without Commission authorization. To receive such authorization, a BOC must, on a state-by-state basis, show the Commission that it satisfies
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules ) ) ) ) ) ) CC Docket No. 96-149 MEMORANDUM OPINION AND ORDER Adopted: November 3, 2003 Released: November 4, 2003 By the Commission: Commissioner Martin issuing a separate statement; Chairman Powell concurring in part, dissenting in part and issuing a separate statement; and Commissioner Abernathy dissenting and issuing a separate statement. INTRODUCTION The Verizon
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Statement of Chairman Michael K. Powell CONCURRING IN PART, Dissenting IN PART Re: Verizon Petition for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149 I am troubled by the Commission's unwillingness to consider Verizon's request for forbearance from the ban on sharing operation, installation and maintenance functions (``OI&M''). In section 10 of the Act, Congress granted this Commission powerful and sweeping forbearance authority to address situations such as these. Nonetheless, my colleagues prefer addressing the continued
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DISSENTING STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY Re: Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149 (adopted Nov. 3, 2003). his prophylactic ban notwithstanding that more limited degrees of separation could have faithfully implemented the statutory requirement that the Bell company and its long distance affiliate ``operate independently.'' In any event, I disagree with the Commission's conclusion that section 271(d)(3) has not been fully implemented even after the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � � Z SEPARATE STATEMENT OF COMMISSIONER KEVIN J. MARTIN Re: Section 272(b)( 1) ``Operate Independently'' Requirement for Section 272 Affiliates; WC Docket No. 03-228 Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules; CC Docket No. 96-149 I am pleased that the Commission is reviewing its requirements regarding its OI &M rules governing a Bell Operating Company's (BOC) section 272 affiliate. Although I had reservations about the statutory authority to allow the Commission to forbear from the statute, I support the notice asking whether these rules are required. I
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  • of the ban on sharing OI&M functions in this rulemaking, and I look forward to a decision on the merits. CONCURRING STATEMENT OF COMMISSIONER KEVIN J . MARTIN Re: Section 272(b)( 1) ``Operate Independently'' Requirement for Section 272 Affiliates, WC Docket No. 03-228 Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules; CC Docket No. 96-149 I am pleased that the Commission is reviewing its requirements regarding its OI &M rules governing a Bell Operating Company's (BOC) section 272 affiliate. Although I had reservations about the statutory authority to allow the Commission to forbear from the statute, I support the notice asking whether these rules are required. I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-272A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-272A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-272A3.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � H � t ~ '' '' CONCURRING STATEMENT OF COMMISSIONER KEVIN J . MARTIN Re: Section 272(b)( 1) ``Operate Independently'' Requirement for Section 272 Affiliates, WC Docket No. 03-228 Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules; CC Docket No. 96-149 I am pleased that the Commission is reviewing its requirements regarding its OI &M rules governing a Bell Operating Company's (BOC) section 272 affiliate. Although I had reservations about the statutory authority to allow the Commission to forbear from the statute, I support the notice asking whether these rules are required. I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-180A1.txt
  • ) Verizon Telephone Companies, Inc. ) FRN No. 0008988438 ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Commission: 1. In this Order, we adopt a Consent Decree terminating investigations into possible violations by the Verizon telephone companies (``Verizon'') of section 272 of the Communications Act of 1934, as amended, 47 U.S.C. � 272, and sections 32.27 and 53.203 of the Commission's rules, 47 C.F.R. �� 32.27, 53.203. The investigations concern Verizon's compliance with certain structural, transactional, and nondiscrimination safeguards applicable to transactions between Verizon's Bell Operating Companies and its other incumbent local exchange carriers, on the one hand, and Verizon's separate in-region, interLATA affiliates established pursuant to section 272 of the Act, on the other. 2. The Commission
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  • six-month, interim unbundling rules. Interim Order and NPRM, paras. 18-29. We note that the one-year statutory period for considering these requests runs to November 5, 2004 with respect to SBC, and December 17, 2004 with respect to Qwest. 47 U.S.C. � 160(d). See Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149, Memorandum Opinion and Order, 18 FCC Rcd 23525 (2003) (OI&M Order). OI&M Order, 18 FCC Rcd at 23530, para. 7. The Commission also initiated a rulemaking regarding the ``operate independently'' requirement of section 272. See Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates, WC Docket No. 03-228, Notice of Proposed Rulemaking,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.txt
  • by allowing BOCs and their section 272 long distance affiliates to share operating, installation and maintenance functions likely would be passed on to long distance consumers because ``the long distance market is substantially competitive.'' Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, Report and Order in WC Docket No.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services ))))))))))))))))))) )))) WC Docket No. 03-228 CC
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit SEPARATE STATEMENT OF CHAIRMAN MICHAEL K. POWELL Re: Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corporation for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, Report and Order in WC Docket No.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit SEPARATE STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY Re: Section 272(b)(1)'s ``Operate Independently'' Requirement for Section 272 Affiliates; Petition of SBC for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Sections 53.203(a)(2) and 53.203(a)(3) of the Commission's Rules and Modification of Operating, Installation, and Maintenance Conditions Contained in the SBC/Ameritech Merger Order; Petition of BellSouth Corp. for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2)-(3) of the Commission's Rules; Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services, Report and Order and Memorandum Opinion and
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  • Docket No. 02-112, Notice of Proposed Rulemaking, 17 FCC Rcd 9916, 9923-24, para. 20 (2002) (seeking comment on the Commission's interpretation of the relationship between sections 272(f) and 272(e)). See generally, e.g., U S WEST NDA Forbearance Order, 14 FCC Rcd 16252. See Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149, Memorandum Opinion and Order, 18 FCC Rcd 23525 (2003) (Verizon OI&M Forbearance Order), appeal pending, Verizon Tel. Cos. v. FCC, D.C. Cir. No. 03-1404. See Amendment of Section 64.702 of the Commission's Rules and Regulations, Final Decision, 77 FCC 2d 384 (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer
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  • O p`��� STATEMENT OF COMMISSIONER KATHLEEN Q. ABERNATHY, CONCURRING Re: Petition of SBC Communications Inc. for Forbearance from Structural Separation Requirements of Section 272 of the Communications Act of 1934, as Amended, and Request for Relief to Provide International Directory Assistance Services, et al., CC Docket No. 97-172, Memorandum Opinion and Order (adopted Mar. 19, 2004). intenance Functions Under Section 53.203(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 18 FCC Rcd 23525 (rel. Nov. 4, 2003). Federal Communications Commission FCC 04-67 � w� R�Z� �X�� � ���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.txt
  • Press Release, J.D. Power & Associates Reports: Three-Quarters of Households Now Bundle Local and Long-Distance Telephone Service with One Provider (July 13, 2005); D. Lemelin, In-Stat, Wireline Remains in Decline: US Wireline Service 2005 (Mar. 2006)) (stating that local and long distance services are offered to consumers in competitive bundles). See 47 U.S.C. � 272(b); see also 47 C.F.R. � 53.203. See, e.g., Verizon NPRM Comments, Jeannie H. Diefenderfer Decl. at 1-3 (discussing the inefficiencies associated with providing broadband services through a multiple affiliate structure). In today's market, vendors typically do not develop equipment according to artificial demarcations between local and long distance calling or between voice and data. A prohibition against joint ownership would prevent a BOC from purchasing these
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  • A. Wentworth (BellSouth Wentworth Aff.) at para. 7. BSLD was incorporated on Mar. 13, 1996. Id. at Exhibit 1. 1014Second BellSouth Louisiana Application App. A, Vol. 1, Tab 4, Affidavit of Guy L. Cochran (BellSouth Cochran Aff.) at para. 8; BellSouth Wentworth Aff. at para. 7. 1015BellSouth Wentworth Aff. at para. 9. 1016Id. 101747 U.S.C. � 272(b)(1); 47 C.F.R. � 53.203(a). 1018Non-Accounting Safeguards Order, 11 FCC Rcd at 21981-21982. 185 that is subject to section 251(c), and so long as the affiliate meets the requirements of section 272(b).1011 Because, as explained below, BellSouth does not meet the requirement of section 272(b)(5), we find that BellSouth fails to satisfy the requirement of section 272(a). 324. BellSouth has established a section 272 affiliate,
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  • NLD own neither domestic telecommunications facilities nor related land and buildings), 13 (stating that BACI and NLD do not jointly own switching and transmission facilities or related land and buildings); Bell Atlantic Verge Decl. at para. 10 (stating that BAGNI will operate, install, and maintain its own network either directly or by contracting with unaffiliated third parties). 47 C.F.R. �� 53.203(a)-203(c); see Non-Accounting Safeguards Order, 11 FCC Rcd at 21981-82; see also Second BellSouth Louisiana Order, 13 FCC Rcd at 20787. AT&T Comments at 67-68; AT&T Kargoll Aff. at paras. 24-26 (submitting Bell Atlantic Internet disclosures). Bell Atlantic Reply at 43-44. See Letter from Gerald Asch, Director, Federal Regulatory Affairs, Bell Atlantic Corp., to Anthony Dale, Attorney, Federal Communications Commission, CC
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  • program); SWBT Weckel Aff. at para. 70, Attach. U (submitting compliance policy of SBCS). In addition, SWBT states that it will provide refresher training on section 272 compliance upon earning section 271 approval. SWBT Application at 69-70. SWBT Application at 63-64 (citing SWBT Rehmer Aff. at paras. 9-19; SWBT Weckel Aff. at paras. 17-21). 47 U.S.C. � 272(b)(2); 47 C.F.R. 53.203(b); Accounting Safeguards Order, 11 FCC Rcd at 17617-18, para. 167; Second BellSouth Lousiana Order, 13 FCC Rcd at 20786-89, paras. 323-29; see SWBT Application at 64. SWBT Ex parte (Jan. 19, 2000). In its ex parte filing, SWBT stated that it section 272 affiliate shares its chart of accounts with other non-BOC SBC affiliates. In addition, SWBT describes the security
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.txt
  • paras. 11-17). SWBT Application at 69 (citing SWBT Carrisalez Aff. at paras. 27-36; SWBT Larkin Aff. at paras. 9-11, 36-42. In addition, SWBT describes the security measures and other internal controls to show restricted access to the books, records, and accounts of its section 272 affiliate. See SWBT Larkin Aff. at paras. 10-11. 47 U.S.C. � 272(b)(3); 47 C.F.R. � 53.203(c); Ameritech Michigan Order, 12 FCC Rcd at 20730-31, para. 360; Second BellSouth Louisiana Order, 13 FCC Rcd at 20789-90, paras. 329-30; SWBT Application at 69-70; SWBT Carrisalez at paras. 37- 46, Attachs. D-K (submitting names of corporate officers and directors); Attach. L (submitting corporate policy prohibiting loans of employees); SWBT Yohe Aff. at paras. 18-19. 47 U.S.C. � 272(b)(4); 47
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  • This rule is important because it helps to ensure that Verizon's affiliates do not receive better treatment than Verizon's competitors. We find that Verizon is apparently liable for forfeiture in the amount of $283,800 under section 220(d) of the Act for its apparent violations of section 32.27(c). We also admonish Verizon for violating section 272(b)(5) of the Act and section 53.203(e) of the Commission's rules by failing to post on the Internet accurate and timely descriptions of all transactions between the BOC and its section 272 affiliates. II. BACKGROUND 2. Section 271 of the Act prohibits BOCs from providing in-region interLATA services without Commission authorization.2 To receive such authorization, a BOC must, on a state-by-state basis, show the Commission that it
• http://transition.fcc.gov/eb/Orders/2004/DA-04-773A1.html
  • 200432080025 BellSouth Telecommunications, Inc. ) EB Docket No. 03-197 ) Apparent Liability for Forfeiture ) FRN No. 0001- 8579-52 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 24, 2004 Released: March 25, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that BellSouth Telecommunications, Inc. (``BellSouth''),1 apparently violated section 53.203(a)(3) of the Commission's rules2 during the period May 24, 2002 through at least March 17, 2004 by allowing a BellSouth affiliate, BellSouth Carrier Professional Service (``BCPS''), to perform operations, installation, and maintenance (``OI&M'') functions for BellSouth's section 272 affiliate, BellSouth Long Distance, Inc. (``BSLD'').3 Based on our review of the facts and circumstances of this case, and for the reasons
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-180A1.html
  • 200332080014 ) Verizon Telephone Companies, Inc. ) FRN No. 0008988438 ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Commission: 1. In this Order, we adopt a Consent Decree terminating investigations into possible violations by the Verizon telephone companies (``Verizon'') of section 272 of the Communications Act of 1934, as amended, 47 U.S.C. 272, and sections 32.27 and 53.203 of the Commission's rules, 47 C.F.R. 32.27, 53.203. The investigations concern Verizon's compliance with certain structural, transactional, and nondiscrimination safeguards applicable to transactions between Verizon's Bell Operating Companies and its other incumbent local exchange carriers, on the one hand, and Verizon's separate in-region, interLATA affiliates established pursuant to section 272 of the Act, on the other.1 2. The Commission and
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-180A2.html
  • Audit Report. As a result, on September 8, 2003, the Commission issued a Notice of Apparent Liability for Forfeiture to Verizon for various apparent violations of section 32.27(c) of the Commission's rules.8 The NAL proposed a forfeiture of $283,000, pursuant to section 220(d) of the Act,9 and admonished Verizon for apparent violations of section 272(b)(5) of the Act10 and section 53.203(e) of the Commission's rules11 that had occurred outside the statute of limitations.12 Verizon filed its response to the NAL on October 8, 2003.13 5. During 2001 and 2002, the Commission authorized Verizon to provide in-region interLATA telecommunications service in several additional states.14 The independent auditor filed its second biennial audit report on June 12, 2003.15 The Bureau initiated an investigation
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.wp
  • A. Wentworth (BellSouth Wentworth Aff.) at para. 7. BSLD was incorporated on Mar. 13, 1996. Id. at Exhibit 1. 1014Second BellSouth Louisiana Application App. A, Vol. 1, Tab 4, Affidavit of Guy L. Cochran (BellSouth Cochran Aff.) at para. 8; BellSouth Wentworth Aff. at para. 7. 1015BellSouth Wentworth Aff. at para. 9. 1016Id. 101747 U.S.C. � 272(b)(1); 47 C.F.R. � 53.203(a). 1018Non-Accounting Safeguards Order, 11 FCC Rcd at 21981-21982. 185 that is subject to section 251(c), and so long as the affiliate meets the requirements of section 272(b).1011 Because, as explained below, BellSouth does not meet the requirement of section 272(b)(5), we find that BellSouth fails to satisfy the requirement of section 272(a). 324. BellSouth has established a section 272 affiliate,
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  • NLD own neither domestic telecommunications facilities nor related land and buildings), 13 (stating that BACI and NLD do not jointly own switching and transmission facilities or related land and buildings); Bell Atlantic Verge Decl. at para. 10 (stating that BAGNI will operate, install, and maintain its own network either directly or by contracting with unaffiliated third parties). 47 C.F.R. �� 53.203(a)-203(c); see Non-Accounting Safeguards Order, 11 FCC Rcd at 21981-82; see also Second BellSouth Louisiana Order, 13 FCC Rcd at 20787. AT&T Comments at 67-68; AT&T Kargoll Aff. at paras. 24-26 (submitting Bell Atlantic Internet disclosures). Bell Atlantic Reply at 43-44. See Letter from Gerald Asch, Director, Federal Regulatory Affairs, Bell Atlantic Corp., to Anthony Dale, Attorney, Federal Communications Commission, CC
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  • program); SWBT Weckel Aff. at para. 70, Attach. U (submitting compliance policy of SBCS). In addition, SWBT states that it will provide refresher training on section 272 compliance upon earning section 271 approval. SWBT Application at 69-70. SWBT Application at 63-64 (citing SWBT Rehmer Aff. at paras. 9-19; SWBT Weckel Aff. at paras. 17-21). 47 U.S.C. � 272(b)(2); 47 C.F.R. 53.203(b); Accounting Safeguards Order, 11 FCC Rcd at 17617-18, para. 167; Second BellSouth Lousiana Order, 13 FCC Rcd at 20786-89, paras. 323-29; see SWBT Application at 64. SWBT Ex parte (Jan. 19, 2000). In its ex parte filing, SWBT stated that it section 272 affiliate shares its chart of accounts with other non-BOC SBC affiliates. In addition, SWBT describes the security
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01029.txt
  • paras. 11-17). SWBT Application at 69 (citing SWBT Carrisalez Aff. at paras. 27-36; SWBT Larkin Aff. at paras. 9-11, 36-42. In addition, SWBT describes the security measures and other internal controls to show restricted access to the books, records, and accounts of its section 272 affiliate. See SWBT Larkin Aff. at paras. 10-11. 47 U.S.C. � 272(b)(3); 47 C.F.R. � 53.203(c); Ameritech Michigan Order, 12 FCC Rcd at 20730-31, para. 360; Second BellSouth Louisiana Order, 13 FCC Rcd at 20789-90, paras. 329-30; SWBT Application at 69-70; SWBT Carrisalez at paras. 37- 46, Attachs. D-K (submitting names of corporate officers and directors); Attach. L (submitting corporate policy prohibiting loans of employees); SWBT Yohe Aff. at paras. 18-19. 47 U.S.C. � 272(b)(4); 47
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030523.html
  • 54408-CM-P-91. Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 05/21/2003 by ORDER. (DA No. 03-1757). WTB [83]DA-03-1757A1.doc [84]DA-03-1757A1.pdf [85]DA-03-1757A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 22, 2003, DID NOT APPEAR IN DIGEST NO. 98: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- VERIZON PETITION FOR FORBVEARANCE FROM THE PROHIBITION OF SHARING OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS UNDER SECTION 53.203(A)(2) OF THE COMMISSION'S RULES. Adopted Protective Order in this proceeding. (Dkt No. 96-149). Action by: Chief, Wireline Competition Bureau. Adopted: 05/22/2003 by ORDER. (DA No. 03-1773). WCB [86]DA-03-1773A1.doc [87]DA-03-1773A1.pdf [88]DA-03-1773A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234647A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234647A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234647A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234833A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234833A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234833A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234821A1.doc 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234821A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234821A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234830A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234830A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234831A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234831A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234777A1.txt 15.
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  • shall be deemed granted in the absence of a Commission decision that the petition fails to meet the standards. (Dkt No. 02-200). Action by: Chief, Wireline Competition Bureau. Adopted: 07/11/2003 by ORDER. (DA No. 03-2279). WCB [101]DA-03-2279A1.doc [102]DA-03-2279A1.pdf [103]DA-03-2279A1.txt 90 DAY EXTENSION OF PETITION OF VERIZON FOR FORBEARANCE FROM THE PROHIBITION OF SHARING OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS UNDER SECTION 53.203(A)(2) OF THE COMMISSION'S RULES. Extended 90 days until November 3, 2003 the date by which the petition requesting forbearance filed by the Verizon companies (Verizon) shall be deemed granted in the absence of a Commission decision that the petition fails to meet the standards. (Dkt No. 96-149). Action by: Chief, Wireline Competition Bureau. Adopted: 07/11/2003 by ORDER. (DA No. 03-2280).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031105.html
  • FOR SECTION 272 AFFILIATES. Initiated an inquiry regarding our rules implementing section 272(b)(1) of the Communications Act of 1934. (Dkt No. 03-228). Action by: the Commission. Adopted: 11/03/2003 by NPRM. (FCC No. 03-272). WCB [154]FCC-03-272A1.doc [155]FCC-03-272A2.doc [156]FCC-03-272A3.doc [157]FCC-03-272A1.pdf [158]FCC-03-272A2.pdf [159]FCC-03-272A3.pdf [160]FCC-03-272A1.txt [161]FCC-03-272A2.txt [162]FCC-03-272A3.txt PETITION OF VERIZON FOR FORBEARANCE FROM THE PROHIBITION OF SHARING, OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS UNDER SECTION 53.203(A)(2) OF THE COMMISSION'S RULES. Denied Verizon's petition for forbearance with respect to its operating, installation, and maintenance functions. (Dkt No. 96-149). Action by: the Commission. Adopted: 11/03/2003 by MO&O. (FCC No. 03-271). WCB [163]FCC-03-271A1.doc [164]FCC-03-271A2.doc [165]FCC-03-271A3.doc [166]FCC-03-271A4.doc [167]FCC-03-271A1.pdf [168]FCC-03-271A2.pdf [169]FCC-03-271A3.pdf [170]FCC-03-271A4.pdf [171]FCC-03-271A1.txt [172]FCC-03-271A2.txt [173]FCC-03-271A3.txt [174]FCC-03-271A4.txt WORLDCOM INC. AND ITS SUBSIDIARIES (DEBTORS-IN-POSSESSION), TRANSFEROR AND MCI, INC., TRANSFEREE. Issued Protective Order. (Dkt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031114.html
  • NM. Denied request for review and affirmed SLD's decision to deny funding for discounted services. (Dkt No. 96-45, 97-21). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 11/13/2003 by ORDER. (DA No. 03-3636). WCB [144]DA-03-3636A1.doc [145]DA-03-3636A1.pdf [146]DA-03-3636A1.txt QWEST'S PETITION TO WITHDRAW PETITION FOR FORBEARANCE FROM THE PROHIBITION OF PERFORMING OPERATING, INSTALLATION, AND MAINTENANCE FUNCTIONS UNDER SECTION 53.203(A)(2)-(3) OF THE COMMISSION'S RULES. Granted Qwest's request to withdraw, and dismissed the petition. (Dkt No. 96-149). Action by: Chief, Competition Policy Division. Adopted: 11/14/2003 by ORDER. (DA No. 03-3657). WCB [147]DA-03-3657A1.doc [148]DA-03-3657A1.pdf [149]DA-03-3657A1.txt OREGON STATE UNIVERSITY. Denied Oregon State's petition for reconsideration, and request for a waiver of Section 74.903 of the Commission's Rules. Action by: Chief, Public Safety and
• http://www.fcc.gov/eb/Orders/2003/FCC-03-199A1.html
  • This rule is important because it helps to ensure that Verizon's affiliates do not receive better treatment than Verizon's competitors. We find that Verizon is apparently liable for forfeiture in the amount of $283,800 under section 220(d) of the Act for its apparent violations of section 32.27(c). We also admonish Verizon for violating section 272(b)(5) of the Act and section 53.203(e) of the Commission's rules by failing to post on the Internet accurate and timely descriptions of all transactions between the BOC and its section 272 affiliates. II. BACKGROUND 2. Section 271 of the Act prohibits BOCs from providing in-region interLATA services without Commission authorization.2 To receive such authorization, a BOC must, on a state-by-state basis, show the Commission that it
• http://www.fcc.gov/eb/Orders/2004/DA-04-773A1.html
  • 200432080025 BellSouth Telecommunications, Inc. ) EB Docket No. 03-197 ) Apparent Liability for Forfeiture ) FRN No. 0001- 8579-52 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 24, 2004 Released: March 25, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that BellSouth Telecommunications, Inc. (``BellSouth''),1 apparently violated section 53.203(a)(3) of the Commission's rules2 during the period May 24, 2002 through at least March 17, 2004 by allowing a BellSouth affiliate, BellSouth Carrier Professional Service (``BCPS''), to perform operations, installation, and maintenance (``OI&M'') functions for BellSouth's section 272 affiliate, BellSouth Long Distance, Inc. (``BSLD'').3 Based on our review of the facts and circumstances of this case, and for the reasons
• http://www.fcc.gov/eb/Orders/2004/FCC-04-180A1.html
  • 200332080014 ) Verizon Telephone Companies, Inc. ) FRN No. 0008988438 ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Commission: 1. In this Order, we adopt a Consent Decree terminating investigations into possible violations by the Verizon telephone companies (``Verizon'') of section 272 of the Communications Act of 1934, as amended, 47 U.S.C. 272, and sections 32.27 and 53.203 of the Commission's rules, 47 C.F.R. 32.27, 53.203. The investigations concern Verizon's compliance with certain structural, transactional, and nondiscrimination safeguards applicable to transactions between Verizon's Bell Operating Companies and its other incumbent local exchange carriers, on the one hand, and Verizon's separate in-region, interLATA affiliates established pursuant to section 272 of the Act, on the other.1 2. The Commission and
• http://www.fcc.gov/eb/Orders/2004/FCC-04-180A2.html
  • Audit Report. As a result, on September 8, 2003, the Commission issued a Notice of Apparent Liability for Forfeiture to Verizon for various apparent violations of section 32.27(c) of the Commission's rules.8 The NAL proposed a forfeiture of $283,000, pursuant to section 220(d) of the Act,9 and admonished Verizon for apparent violations of section 272(b)(5) of the Act10 and section 53.203(e) of the Commission's rules11 that had occurred outside the statute of limitations.12 Verizon filed its response to the NAL on October 8, 2003.13 5. During 2001 and 2002, the Commission authorized Verizon to provide in-region interLATA telecommunications service in several additional states.14 The independent auditor filed its second biennial audit report on June 12, 2003.15 The Bureau initiated an investigation
• http://www.fcc.gov/wcb/archives/whatsnewarchive03.html
  • Proposed Rulemaking: [71]Word | [72]Acrobat Abernathy Statement: [73]Word | [74]Acrobat Martin Statement: [75]Word | [76]Acrobat 11/4/03 Petition of Verizon for Forbearance from the Prohibition of sharing operating, Installation, and Maintenance functions. The Verizon companies filed a petition for forbearance, under section 10 of the Communications Act of 1934, as amended (the Act), requesting that the Commission forbear from applying sections 53.203(a)(2)-(3) of the Commission's rules, which prohibit a Bell operating company's (BOC) section 272 affiliate from sharing operating, installation, and maintenance (OI&M) functions with the BOC or another BOC affiliate. Docket No. 96-149 Order: [77]Word | [78]Acrobat Powell Statement: [79]Word | [80]Acrobat Abernathy Statement: [81]Word | [82]Acrobat Martin Statement: [83]Word | [84]Acrobat 11/4/03 FCC RELEASES NEW TELEPHONE SUBSCRIBERSHIP REPORT. News Release:
• http://www.fcc.gov/wcb/cpd/archive/2003ord.html
  • Re: SBC/Ameritech Merger Order, Approving SBC's request. Dkt. No. 98-141. DA-03-2307. [189]Acrobat | [190]Word 7/14/03 LETTER: To Ms. Michelle A. Thomas Re: SBC/Ameritech Merger Order, Approving SBC's request. Dkt. No. 98-141. DA-03-2308. [191]Acrobat | [192]Word 7/11/03 ORDER: Re: 90 day extension of the Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules - CC 96-149. DA-03-2280. [193]Acrobat | [194]Word 7/11/03 ORDER: Re: Petition of Verizon for Further Forbearance from separate affiliate requirements in connection with 1+ Calls from Payphones -- WC 02-200 - DA 03-2279. [195]Acrobat | [196]Word 7/11/03 PUBLIC NOTICE: Re: Notice of Streamlined Domestic 214 Application Granted. DA 03-2284 [197]Acrobat | [198]Word 7/9/03 PUBLIC NOTICE: Re: