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 NEWS  News  media  Information  202  /  418-  0500  TTY  202  /  418-  2555  Fax-  On-  Demand  202  /  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 FOR  IMMEDIATE  RELEASE  News  Media  Contact:  April  16,  2001  Sarah  Whitesell  (202)  418-  2300 
 Press  Statement  of  Commissioner  Gloria  Tristani  on  Verizon’s  Massachusetts  271  Application 
 I  dissent,  because  Verizon  has  not  demonstrated  compliance  with  the  market 
 opening  requirements  of  section  271.  In  particular,  Verizon  has  not  established  that  its 
 switching  rates  are  based  on  the  forward-  looking,  total  element  long  run  incremental  cost 
 (TELRIC)  of  providing  that  network  element.  The  availability  of  unbundled  network 
 elements  at  cost-  based  rates  is  an  essential  ingredient  of  a  primary  strategy  for  entering 
 the  residential  market  in  Massachusetts. 


 Prior  to  filing  its  second  271  application  for  Massachusetts,  Verizon  elected  not  to 
 rely  on  the  unbundled  switching  rates  set  by  the  Massachusetts  Department  of 
 Telecommunications  and  Energy.  Instead  Verizon  chose  to  rely  on  voluntarily-  adopted 
 rates  equivalent  to  those  currently  in  effect  in  New  York,  without  providing  any  further 
 evidence  that  those  rates  are  TELRIC  compliant  for  Massachusetts. 


 By  allowing  Verizon  simply  to  mirror  rate  levels  set  four  years  ago  in  another 
 state  and  subject  to  imminent  revision,  the  Commission  has  undermined  the  rigor  of  its 
 271  process.  Indeed  the  majority  has  sent  a  signal  that  it  will  allow  reliance  on 
 previously  approved  rates,  irrespective  of  the  amount  of  time  passed  or  pricing 
 information  gathered  since  those  rates  were  last  before  us.  In  a  declining  cost  industry 
 characterized  by  rapid  technological  innovation,  such  an  approach  is  inconsistent  with 
 our  statutory  mandate.  Nor  can  the  majority’s  threats  of  future  enforcement  action 
 substitute  for  a  requirement  that  Verizon  demonstrate  full  checklist  compliance  before 
 winning  long  distance  authority. 


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