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 Federal  Communications  Commission  FCC  03-  272 
 CONCURRING  STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 


 Re:  Section  272(  b)(  1)  “Operate  Independently”  Requirement  for  Section  272  Affiliates,  WC  Docket  No.  03-  228 
 Petition  of  Verizon  for  Forbearance  from  the  Prohibition  of  Sharing  Operating,  Installation,  and  Maintenance  Functions  Under  Section  53.203(  a)(  2)  of  the 
 Commission’s  Rules;  CC  Docket  No.  96-  149 


 I  am  pleased  that  the  Commission  is  reviewing  its  requirements  regarding  its  OI  &M  rules  governing  a  Bell  Operating  Company’s  (BOC)  section  272  affiliate.  Although  I 
 had  reservations  about  the  statutory  authority  to  allow  the  Commission  to  forbear  from  the  statute,  I  support  the  notice  asking  whether  these  rules  are  required.  I  concur  in  the 
 notice,  however,  because  I  am  disappointed  by  my  colleagues  failure  to  support  a  tentative  conclusion  to  eliminate  these  rules.  In  my  view,  sufficient  evidence  exists  to 
 tentatively  conclude  that  the  operating,  installation,  and  maintenance  sharing  prohibition  is  an  overbroad  means  of  preventing  improper  cost  allocation  or  discrimination  as 
 required  by  the  statute. 
 Finally,  I  am  confused  as  to  why  some  of  my  colleagues  advocate  complete  elimination  of  any  OI&  M  requirement  as  in  the  public  interest  in  one  item,  but  are 
 unwilling  to  support  the  same  “tentative  conclusion”  in  the  other  item.  If  they  were  willing  to  decide  the  issue  finally  today,  why  are  they  unwilling  to  make  the  same 
 conclusion  tentatively. 
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