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 Federal  Communications  Commission  FCC  03-  80 
 STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 


 Re:  Application  by  SBC  Communications  Inc.,  Nevada  Bell  Telephone  Company,  and  Southwestern  Bell  Communications  Services,  Inc.,  for  Authorization  To  Provide  In-  Region,  Inc.,  for 
 Authorization  To  Provide  In-  Region,  InterLATA  Services  in  Nevada  (WC  Docket  No.  03-  10) 


 Today  we  grant  SBC  authority  to  provide  in-  region,  interLATA  service  originating  in  the  State  of  Nevada.  I  commend  the  Nevada  Public  Utilities  Commission  for  their 
 hard  work. 
 The  Commission  approves  SBC’s  application  in  Nevada  based  on  the  Commission’s  precedent  in  the  BellSouth  Second  Louisiana  Order  1  Under  that  decision,  a  BOC  can  satisfy 
 its  market-  opening  requirements  by  showing  that  consumers  are  using  broadband  PCS  as  a  substitute  for  wireline  telephone  service.  This  showing  can  be  demonstrated  in  the 
 form  of:  (i)  surveys  identifying  customers  that  had  used  broadband  PCS  in  lieu  of  wireline  service;  and  (ii)  evidence  of  marketing  efforts  by  broadband  PCS  providers 
 designed  to  induce  replacement  of  wireline  service  with  broadband  PCS  service. 
 I  have  some  trepidation  with  the  Commission’s  decision  and  precedent  in  the  BellSouth  Second  Louisiana  Order.  First,  I  would  prefer  a  more  comprehensive  and  timely  filed 
 survey.  Moreover,  our  finding  of  Track  A  compliance  relies  solely  on  the  presence  of  just  one  PCS  provider.  Given  that  this  provider  has  just  filed  for  Chapter  11  bankruptcy 
 protection,  I  have  some  concerns  with  the  long-  term  health  of  competition  in  Nevada.  At  this  point,  however,  no  evidence  exists  indicating  that  the  PCS  provider  has  stopped 
 offering  or  providing  service  in  the  state. 


 1  See  Application  by  BellSouth  Corporation,  et  al.,  Pursuant  to  Section  271  of  the  Communications  Act  of 
 1934,  as  Amended,  To  Provide  In-  Region,  InterLATA  Services  in  Louisiana,  CC  Docket  98-  121,  Memorandum  Opinion  and  Order,  13  FCC  Rcd  20599,  20633-  35  (1998)(  BellSouth  Second  Louisiana 


 Order). 
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