[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Pages 68040-68043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32762]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 96-469]


Procedures for Bell Operating Company Applications Under New 
Section 271 of the Communications Act

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission has released a Public Notice which establishes 
various procedural requirements and policies relating to the 
Commission's processing of Bell operating company applications to 
provide in-region, interLATA services pursuant to new section 271 of 
the Communications Act of 1934, as amended, 47 U.S.C. Sec. 271 (Act), 
Section 271 provides for applications on a State-by-State basis.

FOR FURTHER INFORMATION CONTACT: Florence Grasso, Common Carrier 
Bureau, Policy and Program Planning Division. (202) 418-1580.

[[Page 68041]]

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    OMB Control Number: 3060-0756
    Expiration Date: 06/30/97
    Title: Procedures for Bell Operating Company Applications under New 
Section 271 of the Communications Act.
    Respondents: Business or other for-profit; federal government; and 
state, local or tribal government.
Public reporting burden for the collection of information is estimated 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                   No. of                                               Total   
            Information collection               respondents     Annual hour burden per  response       annual  
                                                  (approx.)                                             burden  
----------------------------------------------------------------------------------------------------------------
Submission of applications by the BOCs.......               7  120 hours per application (7                5,880
                                                                (companies)  x  7 (estimated                    
                                                                filings each)  x  120 (hours)).                 
Submission of written consultations by the                 49  120.................................        5,880
 State Regulatory Commissions.                                                                                  
Submission of written consultations by the                  1  4,900 (49 (states)  x  100 (hours           4,900
 Department of Justice.                                         per state)).                                    
----------------------------------------------------------------------------------------------------------------

    Total Annual Burden: 16,600.
    Frequency of Response: One-time, unless an application must be 
resubmitted.
    Estimated Costs Per Respondent: $0.
    Needs and Uses: The Commission issued a Public Notice (FCC 96-469) 
on December 6, 1996 which established various procedural requirements 
and policies relating to the Commission's processing of Bell operating 
company applications to provide in-region, interLATA services pursuant 
to new section 271 of the Communications Act of 1934, as amended, 47 
U.S.C. Sec. 271(Act). Section 271 provides for applications on a State-
by-State basis.

Synopsis of Public Notice

A. Application Filing Requirements

    Applicants must file an original and six copies of each section 271 
application. By ``application.'' we mean (1) a stand-alone document 
entitled Brief in Support of Application by [Bell company name] for 
Provision of In-Region, InterLATA Services in [State name] and (2) any 
supporting documentation. The content of both parts of the application 
is addressed later in this Public Notice.
The Applicant's Brief in Support shall also be submitted on a 3.5 inch 
computer diskette formatted in WordPerfect 5.1. If electronically 
available, the supporting documentation must be included on the 
computer diskette as well. With respect to supporting materials that 
are not provided on diskette, the applicant should include a note at 
the end of the electronic version of the Brief in Support indicating 
that such materials are on file with the Commission. All filings 
submitted on diskette will be posted on the internet for public 
inspection at http://www.fcc.gov. We also urge the applicant to post 
its electronic filings on its own internet home page and to inform us 
of such posting in the Brief in Support.
    If the applicant wants each Commissioner to receive a copy of the 
section 271 application, the applicant should file an original plus 
eleven copies. The original, all copies, and the diskette should be 
sent to the Office of the Secretary, Federal Communications Commission, 
Washington, D.C. 20554.Applications will be available for public 
inspection during regular business hours in the Reference Center of the 
Federal Communications Commission, Room 239, 1919 M Street, N.W., 
Washington, D.C. 20554. The applicant must also submit a copy of the 
application simultaneously to (i) the Department of Justice c/o Donald 
J. Russell, Telecommunications Task Force, Antitrust Division, Room 
8205, 555 Fourth Street, NW., Washington, D.C. 20001, (ii) the relevant 
State regulatory commission, and (iii) the Commission's copy 
contractor, ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 
20037, tel. (202) 857-3800.

B. Preliminary Matters

    Section 271(d)(3) states that ``[t]he Commission shall not approve 
the authorization requested in an application * * * unless it finds'' 
three specified conditions to be met. We expect that a section 271 
application, as originally filed, will include all of the factual 
evidence on which the applicant would have the Commission rely in 
making its findings thereon. In the event that the applicant submits 
(in replies or ex parte filings) factual evidence that changes its 
application in a material respect, the Commission reserves the right to 
deem such submission a new application and start the 90-day review 
process anew. All factual assertions made by any applicant (or any 
commenter) must be supported by credible evidence or will not be 
entitled to any weight.
    Because the statute affords us only 90 days to review the 
application, we encourage the applicant to meet with likely objectors 
in order to attempt to narrow the issues in dispute. As noted in 
Section C of this Public Notice, we require that either the application 
itself or a supplemental statement filed within five days after the 
application contain a signed statement that describes efforts that the 
applicant has made to narrow the issues in dispute and the results of 
those efforts.

C. Content of Applications

    Applications shall conform to the Commission's general rules 
relating to applications. As noted above, applications shall have two 
parts: (1) a Brief in Support of Application by [Bell company name] for 
Provisions of In-Region, InterLATA Services in [State name] and (2) any 
supporting documentation, such as records of State proceedings, 
interconnection agreements, affidavits, etc. The Brief in Support may 
not exceed 100 pages. There is no page limit, however, on supporting 
documentation.
    The Brief in Support should contain the following items:
    (a) a table of contents;
    (b) a concise summary of the substantive arguments presented in the 
Brief;
    (c) a statement identifying all of the negotiations and/or 
arbitrations under section 252, including the dates on which the 
agreements were approved under section 252 and the status of any 
federal court challenges to the agreements pursuant to section 
252(e)(6);
    (d) a statement identifying how the applicant meets the 
requirements of section 271(c)(1), including a list of the specific 
agreements on which the applicant bases its application if it

[[Page 68042]]

intends to rely on a subset of the list set forth in item (c) above;
    (e) a statement summarizing the status and findings of the relevant 
State proceedings (if any) examining the applicant's compliance with 
section 271 or portions thereof;
    (f) a statement describing the efforts the applicant has made to 
meet with likely objectors to narrow the issues in dispute and the 
results of those efforts (as indicated above, this statement may be 
filed separately from the application; but not later than five days 
after the filing of the application);
    (g) all legal and factual arguments that three requirements of 
section 271(d)(3) have been met, supported as necessary with selected 
excerpts from the supporting documentation (with appropriate citations) 
(Item (g) is obviously the core item of the Brief in Support, and may 
be quite lengthy. It may help to divide it, therefore, into three 
subsections, one corresponding to each of three requirements set forth 
in section 271(d)(3));
    (h) an Anti-Drug Abuse Act certification as required by 47 CFR 
Sec. 1.2002; and
    (i) an affidavit signed by an officer or duly authorized employee 
certifying that all information supplied in the application is true and 
accurate.
    The name of the applicant, the date the application is filed, and 
the State to which it relates should appear in the upper right-hand 
corner of each page of the Brief in Support.
    As for the supporting documentation, we require that it contain, at 
a minimum, the complete public record, as it exists on the date of 
filing, of the relevant State proceedings (if any) examining the 
applicant's compliance with section 271 or portions therof. In 
addition, supporting documentation, including any records of 
interconnection agreements, affidavits, etc., shall be provided in 
appendices, separated by tabs and divided into volumes as appropriate.

D. Comments by Interested Third Parties

    After an application has been filed, the Common Carrier Bureau will 
issue a public notice (Initial Public Notice) establishing the specific 
due dates for the various filings set forth below. Simultaneously with 
the issuance of the Initial Public Notice, the Bureau will notify the 
Department of Justice and the affected State of our receipt of the 
application. Interested third parties will have approximately 20 days 
from the issuance of the Initial Public Notice to file comments in 
opposition or support, which may not exceed 50 pages. The specific due 
date for comments will be set forth in the Initial Public Notice. The 
name of the commenter, the name of the applicant, and the State to 
which the application relates should appear in the upper right-hand 
corner of each page. Supporting documentation is welcome without page 
limits. To file comments (or any other filing set forth below) in a 
section 271 proceeding, commenters need to follow the applicable 
procedures outlined in section A of this Public Notice.

E. State Commission and Department of Justice Written Consultations

    Many State commissions have already commenced proceedings to 
examine Bell company compliance with section 271 or portions thereof. 
In light of this fact and in light of the shortness of the 90-day 
period for deciding a section 271 application, we require that the 
relevant State commission file any written consultation not later than 
approximately 20 days after the issuance of the Initial Public Notice. 
The specific due date for the State's written consultation will be set 
forth in the Initial Public Notice. The relevant State commission shall 
also follow the applicable procedures outlined in section A of this 
Public Notice.
    Any written consultation by the Department of Justice (which, by 
the Act's express terms, must become part of the record) must be filed 
not later than approximately 35 days after the issuance of the Initial 
Public Notice. The specific due date for the Department's written 
consultation will be set forth in the Initial Public Notice. The 
Department of Justice shall also follow the applicable procedures 
outlined in section A of this Public Notice.
    The State commission and the Department of Justice are also welcome 
to file a reply pursuant to section F of this Public Notice, as well as 
written ex parte submissions in accordance with section G of this 
Public Notice.

F. Replies

    All participants in the proceeding--the applicant, interested third 
parties, the relevant State commission, and the Department of Justice--
may file a reply to any comment made by any other participant. Such 
replies are limited to 35 pages and will be due approximately 45 days 
after the Initial Public Notice is issued. The specific due date for 
replies will be set forth in the Initial Public Notice. Reply comments 
may not raise new arguments that are not directly responsive to 
arguments other participants have raised, nor may the replies be 
repetitive of arguments made by that party in the application or 
initial comments. The name of the submitter, the name of the applicant 
(if different), and the State to which the application relates should 
appear in the upper right-hand corner of each page. Supporting 
documentation is welcome without page limits.

G. Ex Parte Rules--Non-Restricted Proceeding

    Because of the broad policy issues involved, section 271 
application proceedings initially will be considered non-restricted 
proceedings. Accordingly, ex parte presentations will be permitted, 
provided they are disclosed in conformance with Commission ex parte 
rules. Because of the statutory timeframe, however, we strongly 
encourage parties to set forth their views comprehensively in the 
formal filings specified above (e.g., the Brief in Support, 
oppositions, supporting comments, etc.) and not to rely on subsequent 
ex parte presentations. In any event, parties may not file more than a 
total of 20 pages of written ex parte  submissions. This 20-page limit 
does not include: (1) Written ex parte  submissions made solely to 
disclose an oral ex parte  contact; (2) written material submitted at 
the time of an oral presentation to Commission staff that provides a 
brief outline of the presentation; (3) written material filed in 
response to direct requests from Commission staff; or (4) written 
factual exhibits. Ex parte submissions in excess of the 20-page limit 
will not be considered part of the record.
    For purposes of these proceedings, and in light of the explicit 
role the Act give to the Department of Justice and the State 
commissions under section 271, any oral ex parte  presentations from 
the Department of Justice and the relevant State commission will be 
deemed to be exempt ex parte presentations. To the extent that we 
obtain through such oral ex parte presentations new factual information 
on which we may rely in our decision-making process, the party 
submitting the information (the Department of Justice or the relevant 
State commission) shall prepare a summary for inclusion in the record 
in accordance with Commission rules, unless such a summary is being 
prepared by Commission staff. We also waive any page limits for written 
ex parte submissions by the Department of Justice or the relevant State 
commission.
    Notwithstanding the above, the Commission may, by subsequent public 
notice, prohibit all communication with Commission personnel regarding 
the application during a seven-day period preceding the anticipated 
release date of the Commission's order regarding the

[[Page 68043]]

application. On this last point, we note that the notice and comment 
and effective date provisions of the Administrative Procedure Act are 
not applicable to these procedural requirements and policies. See 5 
U.S.C. Sec. 553 (b), (d).
    This Public Notice contains new information collections subject to 
the Paperwork Reduction Act of 1995. Accordingly, we are presently 
requesting emergency approval from the Office of Management and Budget 
for these collections. When the Commission receives such approval, it 
will issue a Public Notice to that effect, after which the procedural 
requirements and policies contained herein will become effective.

Federal Communications Commission.
LaVera F. Marshal,
Acting Secretary.
[FR Doc. 96-32762 Filed 12-24-96; 8:45 am]
BILLING CODE 6712-01-P