Federal Communications Commission DA 08-2307
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
Petition of Intrado Communications of Virginia 
Inc. Pursuant to Section 252(e)(5) of the 
Communications Act for Preemption of the 
Jurisdiction of the Virginia State Corporation 
Commission Regarding Arbitration of an 
Interconnection Agreement with Verizon South 
Inc. and Verizon Virginia Inc. (collectively, 
Verizon)
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WC Docket No. 08-185
MEMORANDUM OPINION AND ORDER
Adopted:  October 16, 2008 Released:  October 16, 2008
By the Chief, Wireline Competition Bureau:
I. INTRODUCTION AND BACKGROUND
1. This Memorandum Opinion and Order addresses the petition of Intrado Communications of 
Virginia Inc. (Intrado) for preemption of the jurisdiction of the Virginia State Corporation Commission 
(Virginia Commission) with respect to the arbitration of an interconnection agreement with Verizon 
South Inc. and Verizon Virginia Inc. (collectively, Verizon).1 Specifically, Intrado seeks preemption of 
the jurisdiction of the Virginia Commission pursuant to section 252(e)(5) of the Communications Act of 
1934, as amended (the Act).2  For the reasons set forth below, we grant Intrado’s petition.
2. Section 252 of the Act sets forth the procedures by which telecommunications carriers may 
request and obtain interconnection, services, or unbundled network elements from an incumbent local 
exchange carrier (LEC).3 Section 252(b) permits a party negotiating an interconnection agreement to 
petition the relevant state commission to arbitrate any open issues.4 Section 252(e)(5) requires the 
Commission to preempt the jurisdiction of a state commission in any proceeding or matter in which the 
state commission “fails to act to carry out its responsibility” under section 252.5
3. On March 5, 2008, Intrado filed a petition for arbitration with the Virginia Commission 
asking the Virginia Commission to resolve the disputes arising from Intrado’s attempts to negotiate an 
  
1 See Petition of Intrado Communications of Virginia Inc. Pursuant to Section 252(e)(5) of the Communications Act 
for Preemption of the Jurisdiction of the Virginia State Corporation Commission Regarding Arbitration of an 
Interconnection Agreement with Verizon South Inc. and Verizon Virginia Inc. (collectively, Verizon), WC Docket 
No. 08-185 (filed July 18, 2008) (Intrado Petition).
2 See 47 U.S.C. § 252(e)(5).
3 See generally 47 U.S.C. § 252.
4 See 47 U.S.C. § 252(b).
5 47 U.S.C. § 252(e)(5); see, e.g., Starpower Communications, LLC Petition for Preemption of Jurisdiction of the 
Virginia State Corporation Commission Pursuant to Section 252(e)(5) of the Telecommunications Act of 1996, CC 
Docket No. 00-52, Memorandum Opinion and Order, 15 FCC Rcd 11277 (2000) (Starpower Preemption Order).
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interconnection agreement with Verizon.6  On June 16, 2008, the Virginia Commission expressly refused 
to arbitrate this dispute pursuant to the Act and issued an order dismissing Intrado’s petition for 
arbitration.  Specifically, the Virginia Commission stated:
In this case, we find there is a threshold issue that should be determined by the 
FCC.  Therefore, we believe the FCC is the more appropriate agency to 
determine whether Intrado is entitled to interconnection pursuant to § 251(c) of 
the Telecommunications Act. . . . We note that until such time as the threshold 
jurisdictional issue is resolved, it would be inappropriate to resolve the other 
disputed issues.  Therefore, we will defer resolution of all issues in Intrado’s 
Petition to the FCC.7  
On July 18, 2008, Intrado filed the present petition requesting that the Commission preempt the 
jurisdiction of the Virginia Commission over the arbitration of pending issues between Intrado and 
Verizon.8 The Commission sought comment on the petition and received no comments.9
II. DISCUSSION
4. This petition involves virtually identical issues as those addressed by the Commission in the 
WorldCom Preemption Order10 and by the Bureau in the KMC Preemption Order11 and the 
  
6 See Intrado Petition at 3.  Previously, Intrado had filed a petition for arbitration with the Virginia Commission 
asking the Virginia Commission to resolve disputes arising from Intrado’s attempts to negotiate an interconnection 
agreement with Central Telephone Company of Virginia and United Telephone – Southeast, Inc. (collectively, 
Embarq).  On February 14, 2008, the Virginia Commission expressly refused to arbitrate that dispute pursuant to the 
Act and issued an order dismissing Intrado’s petition for arbitration.  On March 6, 2008, Intrado filed a petition 
requesting that this Commission preempt the jurisdiction of the Virginia Commission over the arbitration of issues 
between Intrado and Embarq.  On June 4, 2008, the Wireline Competition Bureau (Bureau) granted Intrado’s 
petition for preemption of the jurisdiction of the Virginia Commission.  See Petition of Intrado Communications of 
Virginia Inc. Pursuant to Section 252(e)(5) of the Communications Act for Preemption of the Jurisdiction of the 
Virginia State Corporation Commission Regarding Arbitration of an Interconnection Agreement with Central 
Telephone Company of Virginia and United Telephone – Southeast, Inc. (collectively, Embarq), WC Docket No. 08-
33, Memorandum Opinion and Order, 23 FCC Rcd 8715, 8715–17, paras. 1–7 (2008) (Intrado/Embarq Preemption 
Order).
7 Intrado Petition at 3–4 (quoting Petition of Intrado Communications of Virginia, Inc. for Arbitration to Establish 
an Interconnection Agreement with Verizon Virginia Inc. and Verizon South Inc. Under Section 252(b) of the 
Telecommunications Act of 1996, Case No. PUC-2008-00021, Order of Dismissal at 2 n.5 (rel. June 16, 2008) 
(Virginia Commission Intrado/Verizon Dismissal Order)).  The Virginia Commission also noted that Intrado’s 
petition for arbitration with Verizon raises the same issues raised in Intrado’s petition for arbitration with Embarq 
for which the Commission has assumed jurisdiction.  See Intrado Petition at 4 (citing Virginia Commission 
Intrado/Embarq Dismissal Order at 2–3).
8 See Intrado Petition at 1–6.
9 See Pleading Cycle Established for Comments on Petition of Intrado Communications of Virginia Inc. for 
Preemption of the Jurisdiction of the Virginia State Corporation Commission Pursuant to Section 252(e)(5) of the 
Communications Act, WC Docket 08-185, Public Notice, DA 08-2018 (rel. Sept. 4, 2008).
10 See Petition of WorldCom, Inc. for Preemption of Jurisdiction of the Virginia State Corporation Commission 
Pursuant to Section 252(e)(5) of the Telecommunications Act of 1996 and for Arbitration of Interconnection 
Disputes with Verizon-Virginia, Inc., CC Docket No. 00-218, Memorandum Opinion and Order, 16 FCC Rcd 6224 
(2001).
11 See Petition of KMC Telecom of Virginia, Inc., KMC Telecom V of Virginia, Inc., and KMC Data LLC Pursuant 
to Section 252(e)(5) of the Communications Act for Preemption of the Jurisdiction of the Virginia State Corporation 
Commission Regarding Interconnection Disputes with Sprint, WC Docket No. 05-39, Memorandum Opinion and 
Order, 20 FCC Rcd 7542 (WCB 2005) (KMC Preemption Order).
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Intrado/Embarq Preemption Order.12 Accordingly, we grant Intrado’s instant petition and, pursuant to 
section 252(e)(5), assume the jurisdiction of the Virginia Commission over the interconnection arbitration 
proceeding between Intrado and Verizon in Virginia.  Section 252(e)(5) directs the Commission to 
preempt the jurisdiction of a state commission in any proceeding or matter in which a state commission 
“fails to act to carry out its responsibility under [section 252].”13  In this case, the Virginia Commission 
dismissed Intrado’s petition outright for the express purpose of enabling the parties to proceed before the
Commission.  Accordingly, based on the Virginia Commission’s explicit deferral of the action to the
Commission, we find that the Virginia Commission failed to carry out its section 252 responsibilities in 
this case, and we therefore preempt the jurisdiction of the Virginia Commission in the Intrado/Verizon
interconnection arbitration proceeding in Virginia pursuant to section 252(e)(5).14
5. Consistent with the Intrado/Embarq Preemption Order, Intrado may now petition the 
Commission for arbitration of the interconnection disputes that were the subject of the Virginia 
Commission proceeding addressed herein.15  Prior to filing its Petition for Arbitration, Intrado shall 
contact the Bureau to schedule a joint pre-filing conference.16  Once the pre-filing conference has been 
held, the Bureau will issue a public notice establishing procedures and a pleading schedule specific to the 
arbitration proceeding.  Intrado should also be prepared to file the Petition for Arbitration no more than 30 
days after the pre-filing conference.
6. Finally, we reiterate the finding in the Local Competition Order that the Commission retains 
exclusive jurisdiction over any proceeding or matter over which it assumes responsibility under section 
252(e)(5).17 Similarly, after the Commission assumes responsibility over a proceeding, the Commission’s 
actions and any judicial review of those actions shall be the exclusive remedies available to the parties.18
  
12 Intrado/Embarq Preemption Order, 23 FCC Rcd 8715.
13 47 U.S.C. § 252(e)(5); see also 47 C.F.R. § 51.801(b).  The Commission previously has indicated that it will 
evaluate whether a state commission has fulfilled its responsibilities under section 252 based on the particulars of 
each case.  See, e.g., Starpower Preemption Order, 15 FCC Rcd at 11280, para. 8; Petition for Commission 
Assumption of Jurisdiction of Low Tech Designs, Inc.’s Petition for Arbitration with Ameritech Illinois Before the 
Illinois Commerce Commission, with BellSouth Before the Georgia Public Service Commission, and with GTE 
South Before the Public Service Commission of South Carolina, CC Docket Nos. 97-163, 97-164, 97-165, 
Memorandum Opinion and Order, 13 FCC Rcd 1755, 1758–59, 1773–74, paras. 5, 33 (1997), recons. denied, 14 
FCC Rcd 7024 (1999).
14 See Intrado/Embarq Preemption Order, 23 FCC Rcd at 8716–17, para. 4; see also KMC Preemption Order, 20 
FCC Rcd at 7544, paras. 5–6.
15 See Intrado/Embarq Preemption Order, 23 FCC Rcd at 8717, para. 5
16 For the purposes of the initial contact, the parties shall contact Heather Hendrickson, Wireline Competition 
Bureau, at 202-418-7295. Parties should refer to the procedures established for the Commission’s previous 
arbitration to determine what they should be prepared to discuss at the pre-filing conference.  See, e.g., Procedures 
Established for Arbitration of an Interconnection Agreement Between Intrado Communications of Virginia and 
Embarq, WC Docket No. 08-33, Public Notice, 23 FCC Rcd 12020 (2008).
17 See Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 
96-98, First Report and Order, 11 FCC Rcd 15499, 16129, para. 1289 (1996) (subsequent history omitted).
18 See 47 U.S.C. § 252(e)(6).
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III. ORDERING CLAUSE
7. Accordingly, IT IS ORDERED that, pursuant to section 252 of the Communications Act of 
1934, as amended, 47 U.S.C. § 252, and sections 0.91, 0.291, and 51.801(b) of the Commission’s rules, 
47 C.F.R. §§ 0.91, 0.291, 51.801(b), the petition filed by Intrado on July 18, 2008 for the preemption of 
the jurisdiction of the Virginia State Corporation Commission IS GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Dana R. Shaffer
Chief, Wireline Competition Bureau