*Pages 1--2 from Microsoft Word - 17056* Federal Communications Commission FCC 02- 119 Before the Federal Communications Commission Washington, D. C. 20554 In re Application of 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 98- 184 ORDER Adopted: April 17, 2002 Released: April 23, 2002 By the Commission: 1. In this Order, we modify the Merger Conditions adopted in Bell Atlantic/ GTE Merger Order 1 to provide that changes in the Carrier- to- Carrier Performance Plan adopted by the New York or California state commissions will be implemented without need for further action by the Commission, and to clarify that the Wireline Competition Bureau and Verizon Communications, Inc. (“ Verizon”) shall determine semi- annually whether there is a need to make other modifications to the Carrier- to- Carrier Performance Plan. 2. The Commission and Verizon have negotiated the terms of a Consent Decree that would modify the Merger Conditions accordingly. A copy of the Consent Decree is attached hereto and is incorporated by reference. 3. We have reviewed the terms of the Consent Decree. We believe that the public interest would be served by approving the Consent Decree, which will speed implementation of state- approved changes to the Carrier- to- Carrier Performance Plan and will allow greater flexibility in the timing of the joint reviews of possible performance measurements changes. 1 Applications of 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, CC Docket No. 98- 184, Memorandum Opinion and Order, 15 FCC Rcd 14032 (Bell Atlantic/ GTE Merger Order). 1 Federal Communications Commission FCC 02- 119 2 4. Accordingly, IT IS ORDERED, that pursuant to sections 4( i), 4( j), 214, 309, and 316 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 4( i), 4( j), 214, 309, and 316, the Consent Decree, incorporated by reference in and attached to this Order, is hereby ADOPTED. 5. Accordingly, IT IS FURTHER ORDERED, that the Secretary SHALL SIGN the Consent Decree on behalf of the Commission. 6. IT IS FURTHER ORDERED that Merger Condition V (Carrier- to- Carrier Performance Plan) is MODIFIED to the extent indicated in the Consent Decree and shall become effective 30 days after the release of this Order. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 2