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 CONCURRING  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Public  Notice,  Section  272  Sunsets  For  SBC  in  the  States  of  Kansas  and  Oklahoma  By  Operation  of  Law  on  January  22,  2004  Pursuant  To  Section 
 272(  f)(  1)  (WC  Docket  No.  02-  112) 


 Today,  the  Commission—  in  a  public  notice—  declares  that  the  statutory  requirement  that  BOCs  provide  in-  region,  interLATA  telecommunications  services 
 through  a  separate  corporate  affiliate  will  sunset  for  SBC’s  operations  in  Kansas  and  Oklahoma  by  operation  of  law.  1 


 In  the  past,  I  expressed  my  concerns  regarding  the  Commission’s  decision  to  summarily  allow  the  section  272  requirements  to  sunset  through  a  public  notice  rather 
 than  a  Commission  order  responding  to  questions  raised  on  the  record.  2 


 As  I  have  said  before,  I  would  have  preferred  that  we  affirmatively  set  forth,  in  a  separate  Commission  order,  our  analysis  and  justification  for  granting  the  relief  we 
 announce  in  today’s  public  notice  rather  than  remain  silent. 


 1  47  USC  §  272. 
 2  See  Concurring  Statement  of  Commissioner  Kevin  J.  Martin,  Section  272  Sunsets  for  Verizon  in 
 New  York  State  By  Operation  of  Law  on  December  23,  2002  Pursuant  to  Section  272(  f)(  1);  In  the  Matter  of  Section  272(  f)(  1)  Sunset  of  the  BOC  Separate  Affiliate  and  Related  Requirements,  WC 


 Docket  No.  02-  112,  Public  Notice,  FCC  02-  335  (rel.  Dec.  23,  2002);  See  Concurring  Statement  of  Commissioner  Kevin  J.  Martin,  Section  272  Sunsets  for  SBC  in  the  State  of  Texas  By  Operation 
 of  Law  on  June  30,  2003  Pursuant  to  Section  272(  f)(  1),  WC  Docket  No.  02-  112,  Public  Notice,  FCC  03-  155  (rel.  Jun.  30,  2003). 
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