[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:
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No. of Total
Information collection respondents Annual hour burden per response annual
(approx.) burden
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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)).
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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
