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 Federal  Communications  Commission  FCC  00-  362 
 Separate  Statement  of 
 Chairman  William  E.  Kennard 


 Re:  AT&  T  Corp.  v.  New  York  Telephone  Company,  d/  b/  a  Bell  Atlantic  –  New  York 
 I  agree  with  the  concerns  that  Commissioner  Ness  raises  regarding  Verizon’s 
 marketing  practices.  I  also  agree  that  we  need  to  consider  local  carriers’  equal  access  and 
 nondiscrimination  obligations  to  take  account  of  new  competition  in  the  marketplace  as  a 
 result  of  the  Telecommunications  Act  of  1996.  I  have  asked  the  Bureau  to  present 
 promptly  a  proposal  in  this  regard  to  the  Commission. 
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 Federal  Communications  Commission  FCC  00-  362 
 Separate  Statement  of  Commissioner  Susan  Ness 
 Re:  AT&  T  Corp.  v.  New  York  Telephone  Company,  d/  b/  a  Bell  Atlantic  –  New  York 
 Although  I  support  today’s  decision  based  on  our  rules,  I  am  troubled  by 
 Verizon’s  marketing  practices  in  New  York.  When  customers  call  their  local  carrier  to 
 establish  service  on  their  primary  line,  carriers  must  tell  those  customers  that  they  have  a 
 choice  of  long-  distance  providers.  Yet,  when  many  customers  call  Verizon  to  order 
 additional  lines,  it  does  not  inform  those  consumers  of  their  right  to  use  a  long-  distance 
 carrier  other  than  Verizon. 


 In  passing  the  Telecommunications  Act  of  1996,  Congress  sought  to  promote 
 competition  in  all  telecommunications  markets.  Consumers  will  only  reap  the  benefits  of 
 competition  if  they  have  the  information  to  choose  the  provider  that  best  meets  their 
 needs. 


 The  contours  of  the  equal  access  and  nondiscrimination  requirements  in  section 
 251(  g)  were  set  at  a  time  when  Bell  companies,  such  as  Verizon,  were  the  monopoly 
 provider  of  local  services  and  were  prohibited  from  offering  long-  distance  services.  This 
 complaint  demonstrates  the  need  to  revisit  those  rules  in  light  of  changes  in  the 
 marketplace.  As  companies  enter  markets  from  which  they  were  previously  barred,  we 
 should  consider  the  equal  access  and  nondiscrimination  obligations  that  make  sense  in 
 this  new  competitive  era.  I  urge  the  Commission  to  undertake  such  a  proceeding. 
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