*Pages 1--1 from  Microsoft Word - 33051*
 Federal  Communications  Commission  FCC  03-  272 
 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 


 Re:  Section  272(  b)(  1)  ’s  “Operate  Independently”  Requirement  for  Section  272  Affiliates,  Notice  of  Proposed  Rulemaking  (adopted  Nov.  3,  2003). 
 As  explained  in  my  dissent  to  the  companion  order  denying  Verizon’s  petition  for  forbearance  from  the  OI&  M  rule,  I  believe  the  Commission  has  improperly  construed 
 section  10(  d)  of  the  Act,  and  thus  has  improperly  denied  forbearance.  But  I  am  pleased  that  the  Commission  is  willing  to  consider  elimination  of  the  ban  on  sharing  OI&  M 
 functions  in  this  rulemaking,  and  I  look  forward  to  a  decision  on  the  merits. 
1