*Pages 1--2 from Microsoft Word - 15627* 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- 567 Released: March 12, 2002 COMMON CARRIER BUREAU SEEKS COMMENT ON VERIZON’S REQUEST TO COUNT INVESTMENT IN NORTHPOINT TOWARD OUT- OF- REGION MERGER OBLIGATION CC Docket No. 98- 184 Comments Due By: March 19, 2002 Reply Comments Due By: March 22, 2002 On March 7, 2002, Verizon Communications, Inc. (Verizon) submitted a letter to the Common Carrier Bureau (Bureau) regarding its progress in satisfying Condition XVI (Out- of- Territory Competitive Entry) of the Bell Atlantic/ GTE Merger Conditions. 1 Condition XVI requires Verizon to spend a total of at least $500 million within 36 months of merger close “to provide services, including resale, that compete with traditional local telecommunications services offered by incumbent local exchange carriers or to provide Advanced Services to the mass market . . . outside the Bell Atlantic/ GTE Service Areas [].” 2 As described in its March 7, 2002 letter, Verizon seeks to count its investment in Northpoint Communications Group, Inc. (Northpoint) toward satisfaction of Condition XVI, although that merger was never completed. Verizon’s letter is attached to this Public Notice. The Bureau seeks comment on Verizon’s proposal. Pursuant to the instructions below, interested parties should submit comments no later than March 19, 2002. Reply comments should be submitted no later than March 22, 2002. This is a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. 3 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 1 See GTE Corporation, Transferor, and Bell Atlantic Corporation, Transferee, For Consent to Transfer Control of Domestic and International Sections 214 and 310 Authorizations and Application to Transfer Control of a Submarine Cable Landing License, Memorandum Opinion and Order, 15 FCC Rcd 14032, at para. 319 (2000) (Bell Atlantic/ GTE Merger Order); id. at Appendix D, paras. 43- 48; Letter from Gordon Evans, Vice President, Federal Regulatory, Verizon, to William Caton, Acting Secretary, Federal Communications Commission, CC Docket No. 98- 184 (filed Mar. 7, 2002) (Verizon March 7 th Ex Parte). 2 Bell Atlantic/ GTE Merger Order at Appendix D, para. 43. 3 47 C. F. R. §§ 1.200 et seq. 1 Federal Communications Commission DA 02- 419 required. 4 Other requirements pertaining to oral and written presentations are set forth in section 1.1206( b) of the Commission’s rules. Interested parties may file comments by than March 19, 2002 and reply comments by than March 22, 2002. All filings should refer to CC Docket No. 98- 184. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. 5 Comments filed through ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html>. 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 number, which in this instance is CC Docket No. 98- 184. 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< your e- mail address>.” A sample form and directions will be sent in reply. Parties who choose to file by paper should also submit their comments on diskette. These diskettes should be submitted to Ernestine Creech, Accounting Safeguards Division, Common Carrier Bureau, Federal Communications Commission, 445 12 th Street S. W., Washington, D. C. 20554. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Microsoft Word or compatible software. The diskette should be accompanied by a cover letter and should be submitted in “read only” mode. The diskette should be clearly labeled with the commenter’s name, proceeding (including the docket number, in this case, CC Docket No. 98- 184), type of pleading (comment or reply comment), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase: “Disk Copy— Not and Original.” Each diskette should contain only one party’s pleading, preferably in a single electronic file. In addition, commenters must send diskette copies to the Commission’s copy contractor, Qualex International, Portals II, 445 12 th Street S. W., CY- B402, Washington, D. C. 20554. Regardless of whether parties choose to file electronically or by paper, parties should also file one copy of any documents filed in this docket with the Commission’s copy contractor, Qualex International, Portals II, 445 12 th Street S. W., CY- B402, Washington, D. C. 20554 (telephone 202- 863- 2893; facsimile 202- 863- 2898) or via e- mail at qualexint@ aol. com. Comments and reply comments must include a short and concise summary of the substantive arguments raised in the pleading. Comments and reply comments must also comply with section 1.48 and all other applicable sections of the Commission’s rules. 6 We direct all interested parties to include the name of the filing party and the date of the filing on each page of their comments and reply comments. All parties are encouraged to utilize a table of contents, regardless of the length of their submission. For further information, contact Mark Stone at (202) 418- 0816. Action by the Deputy Chief, Common Carrier Bureau. 4 See 47 C. F. R. § 1.1206( b)( 2). 5 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). 6 See 47 C. F. R. § 1.49. 2