*Pages 1--6 from Microsoft Word - 16173* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 DA 02- 718 March 26, 2002 COMMENTS REQUESTED ON THE APPLICATION BY VERIZON NEW JERSEY INC. FOR AUTHORIZATION TO PROVIDE IN- REGION, INTERLATA SERVICE IN THE STATE OF NEW JERSEY WC DOCKET NO. 02- 67 On March 26, 2002, Verizon New Jersey Inc., (Verizon) and its subsidiaries, filed an application for authorization to provide in- region, interLATA service in the State of New Jersey, pursuant to section 271 of the Communications Act of 1934, as amended (the Act), 47 U. S. C. § 271. Pursuant to section 271 of the Act, an applicant must demonstrate compliance with section 271 on a state- by- state basis. This Public Notice establishes certain procedural requirements relating to consideration of Verizon’s application. The Commission, in a prior Public Notice, adopted general procedural requirements that apply to the processing of this and all other applications for authorization under section 271 of the Act. 1 A copy of this earlier Public Notice is attached hereto. Also attached is a protective order adopted today, Application of Verizon New Jersey Inc., et al., Pursuant to Section 271 of the Telecommunications Act of 1996 to Provide In-Region, InterLATA Services in New Jersey, Protective Order, DA 02- 719 (CCB rel. March 26, 2002), that establishes the conditions under which access will be made available to confidential documents submitted in this proceeding by Verizon or any other party. As the Commission stated in its March 23, 2001 Public Notice, we retain discretion to adjust filing deadlines for these applications on a case- by- case basis. Because Verizon’s instant application follows very closely in time to its recently withdrawn filing in CC Docket No. 01- 347, and this application relies largely on the same evidence that supported its previous application, we find it appropriate to adopt an expedited comment schedule. Comments By Interested Third Parties. Comments by interested third parties in support of or in 1 See Updated Filing Requirements for Bell Operating Company Applications Under Section 271 of the Communications Act, Public Notice, DA 01- 734 (CCB rel. Mar. 23, 2001) (March 23, 2001 Public Notice). News media information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov 1 2 opposition to Verizon’s application must be filed on or before April 8, 2002, and reply comments on or before April 19, 2002. Comments and reply comments must be filed in conformance with the procedures set forth in the attached March 23, 2001 Public Notice. Parties seeking to rely on their comments filed in CC Docket No. 01- 347 should incorporate by reference those portions of such materials relevant to this proceeding, but do not have to re- file such materials in their entirety. As in prior section 271 application proceedings, comments may not exceed 100 pages. An original and four copies of all comments must be filed with William F. Caton, Acting Secretary, Office of the Secretary, 445 12 th Street, SW, CY- B402, Washington D. C. 20554. In addition, 12 copies of each comment must be delivered to Janice Myles, Wireline Competition Bureau, 445 12 th Street SW, Room 5- B145, Washington, D. C., 20554, and one copy to Qualex International, Portals II, 445 12 th Street SW, Room CY- B402, Washington D. C., 20554. Comments may be filed using the Commission’s Electronic Comment Filing System (“ ECFS”) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to: . In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the docket number of this proceeding. Only one copy of an electronic submission must be filed. 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 that choose to file by paper must file an original and four copies of each, and are hereby notified that effective December 18, 2001, the Commission’s contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at a new location in downtown Washington, DC. The address is 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. 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. This facility is the only location where hand- delivered or messenger- delivered paper filings for the Commission’s Secretary will be accepted. Accordingly, the Commission will no longer accept these filings at 9300 East Hampton Drive, Capitol Heights, MD 20743. In addition, this is a reminder that, effective October 18, 2001, the Commission discontinued receiving hand- delivered or messenger-delivered filings for the Secretary at its headquarters location at 445 12th Street, SW, Washington, DC 20554. Other messenger- delivered documents, including documents sent by overnight mail (other than United States Postal Service (USPS) Express Mail and Priority Mail), must be addressed to 9300 East Hampton Drive, Capitol Heights, MD 20743. This location will be open 8: 00 a. m. to 5: 30 p. m. The USPS first- class mail, Express Mail, and Priority Mail should continue to be addressed to the Commission’s headquarters at 445 12th Street, SW, Washington, DC 20554. The USPS mail addressed to the Commission’s headquarters actually goes to our Capitol Heights facility for screening prior to delivery at the Commission. If you are sending this type of document or using this delivery It should be addressed for delivery to… 2 3 method… Hand- delivered or messenger- delivered paper filings for the Commission’s Secretary 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002 (8: 00 to 7: 00 p. m. Other messenger- delivered documents, including documents sent by overnight mail (other than United States Postal Service Express Mail and Priority Mail) 9300 East Hampton Drive, Capitol Heights, MD 20743 (8: 00 a. m. to 5: 30 p. m.) United States Postal Service first- class mail, Express Mail, and Priority Mail 445 12 th Street, SW Washington, DC 20554 Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY- A257, Washington, DC, 20554. They may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. com. State Commission and Department of Justice Written Consultations. The New Jersey Board of Public Utilities (New Jersey Board) must file any written consultation on or before April 8, 2002. 2 Any written consultation by the U. S. Department of Justice, which by the Act's express terms must become part of the Commission’s record, must be filed on or before April 15, 2002. Because the New Jersey Board and the Department of Justice are given roles by statute in a section 271 proceeding, copies of all pleadings, including comments, should be filed with those parties. 3 Replies. All participants in the proceeding -- the applicant, interested third parties, the New Jersey Board, and the Department of Justice -- may file a reply to any comments filed by any other participant on or before April 19, 2002. Reply comments may not exceed 50 pages, unless parties request additional pages to address state- specific circumstances, as described above in footnote 3. An original and four copies of all reply comments must be filed with the Commission Acting Secretary, William F. Caton, 445 12 th Street, SW, CY- B402, Washington D. C., 20554. In addition, 12 copies of each reply must be delivered to Janice Myles, Wireline Competition Bureau, 445 12 th Street SW, Room 5- B145, Washington, D. C., 20554, and one copy to Qualex International, Portals II, 445 12 th Street SW, Room CY- B402, Washington D. C., 20554. Effective August 28, 2001, Qualex International will begin working with the Consumer Information Bureau’s Reference Information Center (RIC) as the official duplicating contractor. Treatment of Confidential Information. To the extent a submission by any party (including the applicant, the Department of Justice, the relevant state commissions or any commenter) includes 2 We have asked state commissions to file written consultations on the same day as interested parties file comments. 3 Please forward copies to the attention of: (1) Anthony Centrella, Director, Division of Telecommunications, new Jersey Board of Public Utilities, Two Gateway Center, 8 th Floor, Newark, NJ 07102; (2) John M. Lynch, U. S. Department of Justice, Antitrust Division, Telecommunications Task Force, 1401 H St., NW, Suite 8000, Washington, D. C. 20005 or via email to john. lynch@ usdoj. gov. 3 4 confidential information or comments on confidential information that another participant has submitted, the party must file with the Office of the Secretary: (a) one copy of only the portion( s) of the submission that contain confidential information or comment on confidential information that another participant has submitted, exclusive of the remainder of the submission; and (b) one original and two copies of the entire confidential submission in redacted form. Each of the submissions described in items (a) and (b) must be accompanied by a cover letter. The submission described in item (a) and accompanying cover letter should be stamped “Confidential— Not for Public Inspection.” The original and two copies of the redacted submission described in item (b) and their accompanying cover letters should be stamped “Redacted— For Public Inspection.” The cover letters accompanying both sets of submissions set forth in items (a) and (b) above should state that the party is filing a confidential portion of the submission and a redacted version of the entire submission. Other than bearing different stamps (i. e., “Confidential— Not for Public Inspection” or “Redacted— For Public Inspection”), the (a) and (b) cover letters should be identical. The submissions should be delivered in person to William F. Caton, Acting Secretary, 445 12 th Street, SW, Room TW- B- 204, Washington, D. C., 20554; at the same address. Each redacted filing must also be submitted on a read- only CD- ROM 4 formatted in Word 97 or Excel 97 format, as applicable. One set of the confidential and redacted submissions should also be delivered to Susan Pié, Competition Policy Division, Wireline Competition Bureau, 445 12 th Street, SW, Room 5- C224, Washington, D. C., 20554. All questions relating to access to confidential information submitted by Verizon should be directed to Stephen McPherson, 703- 351- 3083, at Verizon, Inc., 1515 N. Courthouse Road, Suite 500, Arlington, VA 22201. Availability of Information. A wide range of information relating to Verizon’s section 271 application for New Jersey may be retrieved from the Commission’s World Wide Web site at http:// www. fcc. gov. 5 Specific information, such as comments and ex parte submissions, may be obtained from the Electronic Comment Filing System (ECFS), which is accessible through the Commission’s website. The application will be available for public inspection during regular business hours in the Reference Information Center of the Federal Communications Commission, Room CY- A-257, 445 12 th Street, SW, Washington, D. C., 20554. Paper copies of the application, and the record generated in response thereto, may be obtained from the Commission’s copy contractor. Ex Parte Rules - Permit- but- Disclose Proceeding. Because of the broad policy issues involved, section 271 application proceedings initially are classified as permit- but- disclose proceedings. 6 Accordingly, ex parte presentations will be permitted, provided they are disclosed in conformance with the Commission’s ex parte rules. 7 Because of the 90- day statutory timeframe 4 If filing on CD- ROM is not possible, applicants may file on a 3.5 inch computer diskette. 5 The rules relating to public information and the inspection of records are set forth at sections 0.441 through 0.470 of the Commission’s Rules. 47 C. F. R. §§ 0.441- 0.470. 6 See 47 C. F. R. § 1.1206( a)( 13) (added by 64 FR 68946, 68946 (1999) (effective Jan. 10, 2000)); e. g., Comments Requested on Application by Bell Atlantic for Authorization under Section 271 of the Communications Act to Provide In- region, InterLATA Service in the State of New York (CC Docket No. 99- 295), Public Notice, DA 99- 2014, 1999 WL 770903 (CCB rel. Sept. 29, 1999). 7 See 47 C. F. R. §§ 1.1202, 1.1206( b). Interested parties are to file with the Acting Secretary of the Commission and serve Susan 4 5 for decision, the Commission strongly encourages parties to set forth their views comprehensively in the formal filings specified above (e. g., written consultations, oppositions, supporting comments, etc.) and not to rely on subsequent ex parte presentations. In any event, parties may file no 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 of this proceeding. In light of the statutory deadline for decision, parties are hereby requested to provide Susan Pié, 445 12 th Street, SW, Room 5- C224, Washington D. C. 20554 with courtesy copies of any ex parte presentations made to any member of the Commission. For purposes of this proceeding, any oral ex parte presentations from the Department of Justice, and the New Jersey Board are deemed to be exempt ex parte presentations. 8 To the extent that the Commission obtains through such oral ex parte presentations new factual information on which the Commission may rely in its decision- making process, the party submitting the information – either the Department of Justice, the New Jersey Board – shall prepare a summary for inclusion in the record in accordance with Commission rules, unless such a summary is being prepared by Commission staff. 9 We also waive any page limits for written ex parte submissions by the Department of Justice or the New Jersey Board. 10 Notwithstanding the above, the Commission may, by subsequent public notice, prohibit all presentations to its decision- making personnel regarding the application during a seven- day period preceding the anticipated release date of the Commission's order regarding the application. 11 Ex Parte Meeting Schedule. The Wireline Competition Bureau will be available for meetings on April 11 and 12, 2002, in case interested parties wish to discuss any issues that they intend to raise in reply comments, as applicable, in support of or in opposition to Verizon’s application. The purpose of these meetings is to give interested parties an opportunity to inform Bureau staff of such issues prior to filing their written comments or reply comments. The Bureau encourages interested parties to make joint presentations of common concerns to the extent feasible. Parties who wish to schedule meetings with the Bureau should call Susan Pié, Competition Policy Division, at (202) 418- 1443. Aside from the meetings listed above, ex parte meetings related to this proceeding will occur only at the request of Bureau staff. Pié, Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, Rm. 5- C224, 445 12 th St., S. W., Washington, DC 20554, and Qualex International, Inc., Portals II, 445 12 th St., S. W., Room CY- B402 Washington, DC 20554, with copies of written ex parte presentations in these proceedings in accordance with the Commission’s ex parte rules. 8 See id. § 1.1200( a) (“ Where the public interest so requires in a particular proceeding, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter, or public notice.”); id. § 1204( a)( 6), as amended by 64 FR 68946, 68946 (1999) (effective Jan. 10, 2000). 9 See id. § 1.1206( a). 10 See id. § 1.1200( a). 11 See id. §§ 1.1200; 1.1203. 5 6 Calendar Comments Due: April 8, 2002 State Commission Comments Due: April 8, 2002 U. S. Department of Justice Evaluation: April 15, 2002 Ex Parte Meetings related to Reply Comments: April 11, 2002 and April 12, 2002 Reply Comments Due: April 19, 2002 Statutory Deadline: June 24 , 2002 By the Wireline Competition Bureau. News Media contact: Michael Balmoris -- (202) 418- 1500 Wireline Competition Bureau contacts: Alexis Johns -- (202) 418- 1167 Susan Pié – (202) 418- 1443 6