*Pages 1--3 from Microsoft Word - 19112.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 02- 1473 June 21, 2002 COMMENTS SOUGHT ON SECTION 272( F)( 1) SUNSET OF THE BOC SEPARATE AFFILIATE AND RELATED REQUIREMENTS WC Docket No. 02- 112 COMMENTS DUE: July 22, 2002 REPLY COMMENTS DUE: August 12, 2002 On May 24, 2002, the Commission released a Notice of Proposed Rulemaking to initiate an inquiry regarding the sunset of the statutory requirements under section 272 imposed on Bell Operating Companies (BOCs) when they provide in- region, interLATA services. Section 272 of the Act requires BOCs to provide in- region, interLATA telecommunications services through separate corporate affiliates, subject to certain safeguards. 47 U. S. C. § 272( a)( 2). Section 272( f)( 1) provides that the provisions of the section, with one exception, expire three years after a BOC or any BOC affiliate is authorized under section 271 to provide in- region interLATA services, “unless the Commission extends such 3- year period by rule or order.” 47 U. S. C. § 272( f)( 1). In this Notice, we seek to develop a full record so that we may properly assess, as contemplated by the statute: (1) whether the structural safeguards established in section 272 should be extended by the Commission, despite the three- year sunset provision in the statute; and (2) whether any alternative safeguards should be put in place in states where the statutory requirements have sunset. We invite interested parties to comment on whether, and, if so, under what conditions, the structural and nondiscrimination safeguards established in section 272 should be extended by the Commission either generally or with respect to specific states. This proceeding 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 and 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations 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). Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in section 1.1206( b) of the Commission’s rules, 47 C. F. R. § 1.1206( b). Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C. F. R. §§ 1.415 and 1.419, interested parties may file comments in this proceeding no later than July 22, 2002. Reply 1 2 comments may be filed no later than August 12, 2002. Written comments by the public on possible information collections are due July 22, 2002. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). 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. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get 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 ." A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S. W., Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. In addition, four copies of each comment and reply must be delivered to Janice Myles, Wireline Competition Bureau, 445 12 th Street, S. W., Room 5- C327, Washington, D. C., 20554, and one copy of each must be delivered to Qualex International, the Commission’s duplicating contractor, at Portals II, 445 12 th Street, S. W., Room CY- B402, Washington D. C., 20554. In accordance with the Commission’s earlier Public Notice announcing that hand- delivered or messenger- delivered filings are no longer accepted at the Commission’s headquarters, hand-delivered or messenger- delivered filings must be delivered to 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. 1 The filing hours at this location will be 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. 1 See Public Notice, FCC Announces New Filing Location for Paper Documents, DA 01- 2919 (rel. December 14, 2001). 2 3 A copy of any comments on possible information collections contained herein must also be submitted to Judith B. Herman, Federal Communications Commission, Room 1- C804, 445 12 th Street, S. W., Washington, D. C. 20554, or via the Internet to jbherman@ fcc. gov, and to Jeanette Thornton, OMB Desk Officer, Room 10236 NEOB, 725 17 th Street, N. W., Washington, D. C. 20503 or via the Internet to JThornto@ omb. eop. gov. Filings in this proceeding are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S. W., Room CY- A257, Washington, D. C., 20554. They may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, S. W., Room CY- B402, Washington, D. C., 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. com. For further information, please contact Janice Myles, Competition Policy Division, Wireline Competition Bureau, at (202) 418- 1580. 3