*Pages 1--7 from Microsoft Word - 7059.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 01- 332 February 22, 2001 COMMON CARRIER BUREAU SEEKS COMMENT ON PROPOSED CHANGE TO SBC’S PERFORMANCE MEASUREMENTS ASD 01- 17 Comments Due: March 8, 2001 Reply Comments Due: March 15, 2001 The SBC/ Ameritech Merger Order requires SBC Communications, Inc. (“ SBC”) to publicly file performance data demonstrating its progress in opening its local markets to competitors. 1 Specifically, SBC reports 20 performance measurements each month in the areas of operations support systems, provisioning, maintenance and repair, billing, and collocation. 2 If SBC’s performance falls below certain standards of quality, the company must make payments to the United States Treasury. 3 The Merger Order allows SBC and the Common Carrier Bureau (“ Bureau”) to make mutually agreeable changes to the performance measurements business rules on a semi- annual basis. 4 During the most recent review, SBC asked the Bureau to approve to change one of its performance measurements, Measurement 6a, Mean Installation Interval – POTS. As described in the attached letter, SBC proposes to disaggregate its CIA Centrex offering from its other services. The Bureau seeks comment on SBC’s proposal to assist our evaluation. 5 Commenters should address the following questions. 1) Is the installation of CIA Centrex sufficiently different from other POTS to justify a separate 1 Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, For Consent to Transfer Control of Corporations Holding Commission Licenses and Lines Pursuant to Sections 214 and 310( d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95, and 101 of the Commission's Rules, CC Docket 98- 141, Memorandum Opinion and Order, FCC 99- 279 (rel. Oct. 8, 1999) (" SBC/ Ameritech Merger Order" or “Merger Order”). The performance data are posted on the Internet at: . 2 See SBC/ Ameritech Merger Order at Appendix C, Attachment A. 3 See id. at Appendix C, Attachment A, para. 13; Federal Communications Commission Announces Year 2000 Common Carrier- related Enforcement Action Totals, Public Notice (Dec. 12, 2000). 4 See SBC/ Ameritech Merger Order at Appendix C, Attachment A, para. 4. 5 See Letter from Sandra Wagner, Vice President – Federal Regulatory, SBC, to Carol Mattey, Deputy Chief, Common Carrier Bureau, FCC (Jan. 2, 2001). The letter, which includes SBC’s proposed business rules changes, is attached to this Public Notice. 1 2 disaggregation? 2) If so, is SBC’s proposed four- day provisioning benchmark appropriate for non- fieldwork installations reasonable? 3) Is an exclusion for orders with a requested date greater than five business days appropriate? 4) What would be the effect of SBC’s proposed changes on its overall performance for performance measurement 6a, including payments? Commenters should also address any other relevant issues. 1. EX PARTE STATUS OF THIS PROCEEDING Because this matter involves broad public policy issues, the Bureau will treat the proceeding as "permit but disclose" for purposes of the Commission's ex parte rules. See generally 47 C. F. R. §§ 1.1200- 1.1216. Should circumstances warrant, the Bureau may designate this proceeding and all interrelated proceedings as restricted. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non- restricted proceedings. 6 Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C. F. R. § 1.1206( b)( 2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206 (b) as well. Interested parties are to file with the Commission Secretary, Magalie Roman Salas, 445 12th Street S. W., Washington, D. C. 20554, and serve Debbi Byrd of the Accounting Safeguards Division, Common Carrier Bureau, 445 12th Street S. W., 6- C316, Washington D. C. 20554, and International Transcription Service, Inc., 445 12th Street, S. W., CY- B402, Washington, D. C. 20554, with copies of any written ex parte presentations in these proceedings filed in the manner specified above. 2. FILING PROCEDURES Interested parties may file comments and/ or petitions to deny regarding SBC's request not later than March 8, 2001. Reponses or oppositions to these comments and petitions may be filed not later than March 15, 2001. In accordance with Section 1.51( c) of the Commission's Rules, 47 C. F. R. §1.51( c), an original and four copies of all pleadings must be filed with the Commission's Secretary, Magalie Roman Salas, 445 12th Street, S. W., TW- A325, Washington, D. C. 20554. In addition, copies of each pleading must be filed with other offices in the following manner: (1) one copy with International Transcription Service, Inc., the Commission's duplicating contractor, 445 12th Street, S. W., CY- B402, Washington, D. C. 20554, (202) 857- 3800; (2) one copy with Mark Stone, Accounting Safeguards Division, Common Carrier Bureau, 445 12th Street, S. W., Room 6- C365, Washington, D. C. 20554; and (3) six copies with 6 An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's assistant, or other decision- making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. 47 C. F. R. § 1.1201. 2 3 Debbi Byrd, Accounting Safeguards Division, Common Carrier Bureau, 445 12th Street, S. W., Room 6- C316, Washington, D. C. 20554. In addition to filing paper comments, parties may also file comments using. The Commission's Electronic Comment Filing System (ECFS). 7 Comments filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. For filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov and should include the following words in the body of the message: "get form