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 JOINT  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS  AND 
 COMMISSIONER  JONATHAN  S.  ADELSTEIN,  DISSENTNG 


 Re:  Section  272(  f)(  1)  Sunset  of  the  BOC  Separate  Affiliate  and  Related  Requirements;  Section  272  Sunsets  for  Verizon  Communications,  Inc.  in  the  State  of  Massachusetts  by 
 Operation  of  Law  on  April  16,  2004  Pursuant  to  Section  272(  f),  WC  Docket  No.  02-  112. 
 Today  the  Commission  releases  a  Public  Notice  announcing  sunset  of  the  Section  272  separate  affiliate  requirement  for  Verizon  in  Massachusetts.  Once  again,  as  with  the  sunset  of 
 separate  affiliates  in  New  York,  Texas,  Kansas  and  Oklahoma,  the  Commission  reaches  this  result  without  providing  any  review  or  analysis  of  the  market  in  the  state.  Because  we  believe 
 the  Commission  has  a  duty  to  do  more  than  offer  such  a  bare  Public  Notice,  we  cannot  support  this  action. 


 In  Section  272,  Congress  required  Bell  companies  to  provide  long  distance  and  manufacturing  services  through  a  separate  affiliate.  Congress  adopted  these  safeguards  because 
 it  recognized  that  Bell  companies  might  still  exercise  market  power  at  the  time  they  enter  long-distance  markets.  Congress  specifically  provided  that  the  Section  272  separate  affiliate 
 requirement  would  continue  for  three  years,  but  could  be  extended  by  the  Commission  by  rule  or  order. 


 The  Commission,  however,  does  nothing  here  to  determine  whether  there  is  a  continuing  need  for  these  safeguards  in  Massachusetts.  Had  there  been  some  analysis  of  the  market  here, 
 we  could  make  a  decision  on  the  merits.  Unfortunately,  we  are  left  wondering  how  the  Commission  can  justify  sunset  while  it  leaves  unresolved  the  development  of  alternative 
 safeguards  in  its  performance  measurements  docket.  Similarly,  we  are  left  wondering  how  the  Commission  moves  forward  today  while  leaving  incomplete  its  proposed  rulemaking  concerning 
 carrier  classification  following  Section  272  sunset.  In  light  of  these  outstanding  questions  and  the  short  shrift  this  Public  Notice  gives  to  our  statutory  responsibilities,  we  must  dissent  from 
 today’s  decision. 
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