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 Federal  Communications  Commission  FCC  03-  309 
 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 


 Re:  Application  by  Qwest  Communications  International,  Inc.  for  Authorization  To  Provide  In-  Region,  InterLATA  Services  in  Arizona,  WC  Docket  No.  03-  194, 
 Memorandum  Opinion  and  Order. 
 This  Order,  granting  the  final  section  271  application,  marks  the  end  of  a  long,  transformative  process  that  has  opened  local  telecommunications  markets  and  augmented  long 
 distance  competition  throughout  the  country.  Our  state  colleagues  deserve  much  of  the  credit;  their  comprehensive  workshops  and  hearings  on  OSS  issues,  UNE  pricing,  performance 
 assurance  plans,  and  other  key  issues  laid  the  groundwork  for  all  of  our  decisions  under  section  271.  I  also  want  to  recognize  the  talented  staff  of  the  Wireline  Competition  Bureau  for  providing 
 complex  and  incisive  analysis  under  very  tight  deadlines. 
 While  we  have  authorized  Bell  entry  into  the  long  distance  market  in  every  state,  our  work  is  plainly  not  done.  We  must  intensify  our  focus  on  enforcement,  pursuant  to  section 
 271(  d)(  6),  to  ensure  that  the  local  markets  remain  open  to  competition.  The  Commission  also  must  complete  its  examination  of  the  regulatory  framework  that  applies  to  the  Bell  companies’ 
 provision  of  long  distance  service.  If  a  BOC  integrates  its  operations  after  the  sunset  of  the  section  272  requirements,  to  what  extent  should  dominant  carrier  regulations  be  retained?  I  look 
 forward  to  working  with  my  colleagues  on  an  answer  to  that  important  question.  I  also  hope  that  the  Commission  promptly  completes  the  pending  rulemaking  concerning  possible  elimination  of 
 the  ban  on  sharing  operation,  installation,  and  maintenance  functions.  Dominant  carrier  regulations,  the  OI&  M  rule,  and  other  legacy  regulations  may  not  be  necessary  in  today’s 
 increasingly  competitive  marketplace.  I  do  not  know  at  this  point  precisely  what  level  of  regulatory  oversight  we  do  need,  but  I  urge  the  Commission  to  complete  its  review  so  that  we 
 can  ensure  that  our  rules  are  tailored  to  the  current  environment. 
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