**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

**DA 00-2159**

**September 22, 2000**

**COMMENTS REQUESTED ON THE APPLICATION**

**BY VERIZON NEW ENGLAND INC.**

**FOR AUTHORIZATION UNDER SECTION 271 OF THE COMMUNICATIONS ACT**

#  TO PROVIDE IN-REGION, INTERLATA SERVICE IN 

# THE STATE OF MASSACHUSETTS

**(CC DOCKET NO. 00-176)**

On September 22, 2000, Verizon New England Inc., Bell Atlantic
Communications, Inc. (d/b/a Verizon Long Distance), NYNEX Long Distance
Company (d/b/a Verizon Enterprise Solutions), and Verizon Global
Networks Inc. filed an application for authorization to provide
in-region, interLATA service in the State of Massachusetts, pursuant to
section 271 of the Communications Act of 1934, as amended (the Act), 47
U.S.C. § 271. This Public Notice establishes certain procedural
requirements relating to consideration of Verizon's application. The
Commission in a prior Public Notice adopted general procedural
requirements that apply to the processing of this and all other
applications for authorization under section 271 of the Act.[^1] A copy
of this earlier Public Notice is attached hereto. Also attached is a
protective order adopted today, *Application of Verizon New England
Inc., Bell Atlantic Communications, Inc. (d/b/a Verizon Long Distance),
NYNEX Long Distance Company (d/b/a Verizon Enterprise Solutions), and
Verizon Global Networks Inc. for Authorization to Provide In-Region,
InterLATA Services in Massachusetts,* Protective Order, DA 00-2160 (CCB
rel. September 22, 2000), that establishes the conditions under which
access will be made available to confidential documents submitted in
this proceeding by Verizon or any other party.

***Comments By Interested Third Parties*.** Comments by interested third
parties in support of or in opposition to Verizon's application must be
filed on or before October 16, 2000. An original and 1 copy of all
comments must be filed with the Commission's Secretary, Magalie Roman
Salas, 445 12^th^ Street, S.W., CY-B402, Washington, D.C. In addition,
12 copies of each comment must be delivered to Janice Myles, Common
Carrier Bureau, 445 12^th^ Street, S.W., Room 5-B145, Washington, D.C.
20554 and 1 copy to International Transcription Service (ITS), 445
12^th^ Street, S. W., Room CY-314, Washington, D.C. 20554.

In addition to filing paper comments, parties may also file comments
using the Commission's Electronic Comment Filing System (ECFS). *See*
Electronic Filing of Document in Rulemaking Proceedings, 63 Fed. Reg.
24, 121 (1998). Comments filed through the ECFS can be sent as an
electronic file via the Internet to
<http://www.fcc.gov/e.-file/ecfs.html>[.]{.underline} Generally, only
one copy of an electronic submission must be filed. In completing the
transmittal screen, commenters should include their full name, postal
mailing address, and the applicable docket or rulemaking number. Parties
may also submit an electronic comment by Internet e-mail to
<ecfs@fcc.gov>, and should include the following words in the body of
the message, "get form \<your e-mail address\>." A sample form and
directions will be sent in reply.

***State Commission and Department of Justice Written Consultations*.**
The Department of Telecommunications and Energy of Massachusetts
(Massachusetts DTE) must file any written consultation on or before
October 16, 2000**.** Any written consultation by the U.S. Department of
Justice, which by the Act\'s express terms must become part of the
Commission's record, must be filed on or before October 27, 2000.
Because the Massachusetts DTE and the Department of Justice are given
roles by statute in a section 271 proceeding, copies of all filings,
including comments and ex parte submissions, should be filed with those
parties.[^2]

***Replies*.** All participants in the proceeding \-- the applicant,
interested third parties, the Massachusetts DTE, and the Department of
Justice \-- may file a reply to any comments filed by any other
participant on or before November 3, 2000. An original and 1 copy of all
replies must be filed with the Commission's Secretary, Magalie Roman
Salas, 445 12^th^ Street, S.W.,

CY-B402, Washington, D.C. In addition, 12 copies of each reply must be
delivered to Janice Myles, Common Carrier Bureau, 445 12^th^ Street,
S.W., Room 5-B145, Washington, D.C. 20554 and 1 copy to International
Transcription Service (ITS), 445 12^th^ Street, S.W., Room CY-314,
Washington, D.C. 20554.

***Treatment of Confidential Information*.** As set forth in the
*September 28, 1999 Public Notice*, submissions by parties (including
the applicant, the Department of Justice, and the relevant state
commission) that contain no confidential information or that do not
comment on any confidential information submitted by other participants
in the proceeding shall be filed in conformance with the procedures set
forth in the *September 28, 1999 Public Notice*. However, to the extent
a submission includes confidential information or comments on
confidential information that another participant has submitted, the
party must file with the Office of the Secretary: (a) one copy of only
the portion(s) of the submission that contain confidential information
or comment on confidential information that another participant has
submitted, exclusive of the remainder of the submission; and (b) one
original and two copies of the entire confidential submission in
redacted form. Each of the submissions described in items (a) and (b)
must be accompanied by a cover letter. The submission described in item
(a) and accompanying cover letter should be stamped "Confidential---Not
for Public Inspection." The original and two copies of the redacted
submission described in item (b) and their accompanying cover letters
should be stamped "Redacted---For Public Inspection." The cover letters
accompanying both sets of submissions set forth in items (a) and (b)
above should state that the party is filing a confidential portion of
the submission and a redacted version of the entire submission. Other
than bearing different stamps (i.e., "Confidential---Not for Public
Inspection" or "Redacted---For Public Inspection"), the (a) and (b)
cover letters should be identical. The submissions should be delivered
in person to Magalie Roman Salas, Secretary, 445 12^th^ Street, S.W.,
Room TW-B-204; or, in her absence, to William F. Caton, Deputy
Secretary, at the same address. A set of each of the submissions should
also be delivered to Susan Pié, Policy and Program Planning Division,
Common Carrier Bureau, 445 12^th^ Street, S.W., Room 5-C224.

All questions relating to access to confidential information submitted
by Verizon should be directed to Steven McPherson, Verizon, 1320 North
Courthouse Road, 8^th^ Floor, Arlington, VA 22201, (703) 974-2808.

***Availability of Information.*** A wide range of information relating
to Verizon's section 271 application for Massachusetts may be retrieved
from the Commission's World Wide Web site at
[http://www.fcc.gov](http://www.fcc.gov/).[^3] Moreover, Verizon has
voluntarily agreed to post certain documents on the World Wide Web at
its website, [http//:newscenter.verizon.com/policy]{.underline}.
Specific information, such as comments and *ex parte* submissions, may
be obtained from the Electronic Comment Filing System (ECFS), which is
accessible through the Commission's website. The application will be
available for public inspection during regular business hours in the
Reference Information Center of the Federal Communications Commission,
Room CY-A-257, 445 12^th^ Street, S.W., Washington, DC 20554. Paper
copies of the application, and the record generated in response thereto,
may be obtained from the Commission's copy contractor, ITS, Inc., 1231
20th Street, N.W., Washington, DC 20036, (202) 857-3800.

***Ex Parte Rules - Permit-but-Disclose Proceeding*.** Because of the
broad policy issues involved, section 271 application proceedings
initially are classified as permit-but-disclose proceedings.[^4]
Accordingly, *ex parte* presentations will be permitted, provided they
are disclosed in conformance with the Commission's *ex parte* rules.[^5]
Because of the 90-day statutory timeframe for decision, the Commission
strongly encourages parties to set forth their views comprehensively in
the formal filings specified above (e.g., written consultations,
oppositions, supporting comments, etc.) and not to rely on subsequent
*ex parte* presentations. In any event, parties may file no more than a
total of 20 pages of written *ex parte* submissions. This 20-page limit
does not include: (1) written *ex parte* submissions made solely to
disclose an oral *ex parte* contact; (2) written material submitted at
the time of an oral presentation to Commission staff that provides a
brief outline of the presentation; (3) written material filed in
response to direct requests from Commission staff; or (4) written
factual exhibits. *Ex parte* submissions in excess of the 20-page limit
will not be considered part of the record of this proceeding. In light
of the statutory deadline for decision, parties are hereby requested to
provide Susan Pié, Policy and Programming Planning Division, Common
Carrier Bureau, Federal Communications Commission, Rm. 5-C224, 445
Twelfth St., S.W., Washington, DC 20554, with courtesy copies of any *ex
parte* presentations made to any member of the Commission.

For purposes of this proceeding, any oral *ex parte* presentations from
the Department of Justice and the Massachusetts DTE are deemed to be
exempt *ex parte* presentations.[^6] To the extent that the Commission
obtains through such oral *ex parte* presentations new factual
information on which the Commission may rely in its decision-making
process, the party submitting the information \-- either the Department
of Justice or the Massachusetts DTE \-- shall prepare a summary for
inclusion in the record in accordance with Commission rules, unless such
a summary is being prepared by Commission staff.[^7] We also waive any
page limits for written *ex parte* submissions by the Department of
Justice or the Massachusetts DTE.[^8]

Notwithstanding the above, the Commission may, by subsequent public
notice, prohibit all presentations to its decision-making personnel
regarding the application during a seven-day period preceding the
anticipated release date of the Commission\'s order regarding the
application.[^9]

***Ex Parte Meeting Schedule.*** The Common Carrier Bureau will be
available for meetings on October 11 and 12, 2000 and October 31 and
November 1, 2000 in case interested parties wish to discuss any issues
that they intend to raise in comments or reply comments, as applicable,
in support of or in opposition to Verizon's application. The purpose of
these meetings is to give interested parties an opportunity to inform
Bureau staff of such issues prior to filing their written comments or
reply comments. The Bureau encourages interested parties to make joint
presentations of common concerns to the extent feasible. Parties who
wish to schedule meetings with the Bureau should call Susan Pié, Policy
and Program Planning Division, at (202) 418-1443. Aside from the
meetings listed above, *ex parte* meetings related to this proceeding
will occur only at the request of Bureau staff.

# [Calendar]{.underline}

Ex Parte Meetings related to Comments: **October 11 and 12, 2000**

Comments Due (includes Massachusetts DTE): **October 16, 2000**

U.S. Department of Justice Evaluation: **October 27, 2000**

Ex Parte Meetings related to Reply Comments: **October 31 and**

##  November 1, 2000

Reply Comments Due: **November 3, 2000**

By the Common Carrier Bureau.

News Media contact: Michael Balmoris \-- (202) 418-1500

Common Carrier Bureau contact: Eric Einhorn \-- (202) 418-1587

[^1]: *See* *Updated Filing Requirements for Bell Operating Company
    Applications Under Section 271 of the Communications Act*, Public
    Notice, DA 99-1994, 1999 WL 766282 (CCB rel. Sept. 28, 1999)
    (*September 28, 1999 Public Notice*).

[^2]: Please forward copies to the attention of: (1) Cathy Carpino,
    Massachusetts Department of Telecommunications and Energy, One South
    Station, Boston, MA 02110 and (2) Josh Walls, U.S. Department of
    Justice, Antitrust Division, Telecommunications Task Force, 1401 H
    St., NW, Suite 8000, Washington, DC 20005.

[^3]: The rules relating to public information and the inspection of
    records are set forth at sections 0.441 through 0.470 of the
    Commission's Rules. 47 C.F.R. §§ 0.441-0.470.

[^4]: See 47 C.F.R. § 1.1206(a)(13) (added by 64 FR 68946, 68946 (1999)
    (effective Jan. 10, 2000)); e.g., Comments Requested on Application
    by Bell Atlantic for Authorization under Section 271 of the
    Communications Act to Provide In-region, InterLATA Service in the
    State of New York (CC Docket No. 99-295), Public Notice, DA 99-2014,
    1999 WL 770903 (CCB rel. Sept. 29, 1999).

[^5]: *See* 47 C.F.R. §§ 1.1202, 1.1206(b). Interested parties are to
    file with the Secretary of the Commission and serve Susan Pié,
    Policy and Programming Planning Division, Common Carrier Bureau,
    Federal Communications Commission, Rm. 5-C224, 445 Twelfth St.,
    S.W., Washington, DC 20554, and ITS, Inc., 2131 20^th^ St., N.W.,
    Washington, DC 20036, with copies of written *ex parte*
    presentations in these proceedings in accordance with the
    Commission's *ex parte* rules. Copies should also be filed with the
    Department of Justice and the Massachusetts DTE, as noted above.

[^6]: *See id.* § 1.1200(a) ("Where the public interest so requires in a
    particular proceeding, the Commission and its staff retain the
    discretion to modify the applicable *ex parte* rules by order,
    letter, or public notice."); *id.* § 1204(a)(6), as amended by 64 FR
    68946, 68946 (1999) (effective Jan. 10, 2000).

[^7]: *See id.* § 1.1206(a).

[^8]: *See id.* § 1.1200(a).

[^9]: *See id.* §§ 1.1200; 1.1203.