[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Rules and Regulations]
[Pages 2335-2336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-670]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket Nos. 98-147, 98-11, 98-26, 98-32, 98-15, 98-78, 98-91; FCC 
00-293]


Deployment of Wireline Services Offering Advanced 
Telecommunications Capability

AGENCY: Federal Communications Commission (FCC).

ACTION: Final Rule; denial of reconsideration.

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SUMMARY: This document affirms on reconsideration the Commission's 
determination that section 706(a) of the Telecommunications Act of 1996 
(1996 Act) does not constitute an independent grant of forbearance 
authority. This documents also affirms on reconsideration the 
requirement that incumbent local exchange carriers (LECs) must provide 
unbundled loops conditioned to carry advanced services, even if the 
incumbent is not itself providing such services.

FOR FURTHER INFORMATION CONTACT: William Kehoe, Special Counsel, Common 
Carrier Bureau, Policy and Program Planning Division, 202-418-1580. 
Further information also may be obtained by calling the Common Carrier 
Bureau's TTY number: 202-418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration in CC Docket No. 98-147, FCC 00-293, adopted on 
August 3, 2000, and released August 4, 2000. The complete text of this 
Order on Reconsideration is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 Twelfth Street, SW. Washington,

[[Page 2336]]

DC, and also may be purchased from the Commission's copy contractor, 
International Transcription Services (ITS), CY-B400, 445 Twelfth 
Street, SW., Washington, DC.
    1. In the Advanced Services Order, 63 FR 45140, August 24, 1998, 
the Commission addressed, among other matters, petitions in which 
several BOCs, including Bell Atlantic and SBC, had requested that the 
Commission forbear from applying the provisions of sections 251(c) and 
271 to their advanced services. In rejecting those requests, the 
Commission explained in detail why, in light of the statutory language, 
the framework of the 1996 Act, its legislative history, and Congress' 
policy objectives, the most logical statutory interpretation is that 
section 706(a) does not constitute an independent grant of authority. 
The Commission therefore determined that section 706(a) does not 
constitute an independent grant of forbearance authority. In petitions 
for reconsideration of the Advanced Services Order, Bell Atlantic and 
SBC challenged that determination. In the Order on Reconsideration, the 
Commission affirmed that section 706(a) does not constitute an 
independent grant of forbearance authority.
    2. In the Advanced Services Order, the Commission concluded that 
the rules adopted in the Local Competition First Report and Order 
required that, to the extent technically feasible, an incumbent LEC 
must provide to competing carriers unbundled loops conditioned to carry 
advanced services, even if the incumbent is not itself providing such 
services. Bell Atlantic and SBC requested reconsideration of this 
conclusion. In the Order on Reconsideration, the Commission denied that 
request based on the treatment of loop conditioning in its UNE Remand 
Order.

Paperwork Reduction Act of 1995 Analysis

    3. The actions contained in this Order on Reconsideration affirmed 
prior Commission actions and thus do not impose new or modified 
reporting requirements on the public.

Regulatory Flexibility Analysis (RFA)

    4. The Order on Reconsideration affirmed prior Commission actions 
and thus does not change the Commission's regulatory flexibility 
analysis.

Procedural Matters

    5. Pursuant to sections 1-4, 10, 201, 202, 251-254, 271, and 303(r) 
of the Communications Act of 1934, as amended, 47 U.S.C. 151-154, 160, 
201, 202, 251-254, 271, and 303(r), that the Petitions for 
Reconsideration filed September 8, 1998, by Bell Atlantic and SBC Are 
Denied.

Federal Communications Commission.

Magalie Roman Salas,
Secretary.
[FR Doc. 01-670 Filed 1-10-01; 8:45 am]
BILLING CODE 6712-01-P