**DA 02-1473**

June 21, 2002

**COMMENTS SOUGHT ON SECTION 272(F)(1) SUNSET OF THE**

**BOC SEPARATE AFFILIATE AND RELATED REQUIREMENTS**

**WC Docket No. 02-112**

**COMMENTS DUE: July 22, 2002**

**REPLY COMMENTS DUE: August 12, 2002**

On May 24, 2002, the Commission released a Notice of Proposed Rulemaking
to initiate an inquiry regarding the sunset of the statutory
requirements under section 272 imposed on Bell Operating Companies
(BOCs) when they provide in-region, interLATA services. Section 272 of
the Act requires BOCs to provide in-region, interLATA telecommunications
services through separate corporate affiliates, subject to certain
safeguards. 47 U.S.C. § 272(a)(2). Section 272(f)(1) provides that the
provisions of the section, with one exception, expire three years after
a BOC or any BOC affiliate is authorized under section 271 to provide
in-region interLATA services, "unless the Commission extends such 3-year
period by rule or order." 47 U.S.C. § 272(f)(1). In this Notice, we seek
to develop a full record so that we may properly assess, as contemplated
by the statute: (1) whether the structural safeguards established in
section 272 should be extended by the Commission, despite the three-year
sunset provision in the statute; and (2) whether any alternative
safeguards should be put in place in states where the statutory
requirements have sunset. We invite interested parties to comment on
whether, and, if so, under what conditions, the structural and
nondiscrimination safeguards established in section 272 should be
extended by the Commission either generally or with respect to specific
states.

This proceeding shall be treated as a "permit-but-disclose" proceeding
in accordance with the Commission's *ex parte* rules. *See* 47 C.F.R. §§
1.1200 and 1.1206. Persons making oral *ex parte* presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentations and not merely a listing
of the subjects discussed. More than a one or two sentence description
of the views and arguments presented is generally required. *See* 47
C.F.R. § 1.1206(b). Other rules pertaining to oral and written
*ex parte* presentations in permit-but-disclose proceedings are set
forth in section 1.1206(b) of the Commission's rules, 47 C.F.R. §
1.1206(b).

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
C.F.R. §§ 1.415 and 1.419, interested parties may file comments in this
proceeding no later than July 22, 2002. Reply comments may be filed no
later than August 12, 2002. Written comments by the public on possible
information collections are due July 22, 2002.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. *See Electronic Filing of
Documents in Rulemaking Proceedings*, 63 Fed. Reg. 24121 (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\>. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet
e-mail. To get filing instructions for e-mail comments, commenters
should send an 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.

Parties who choose to file by paper must file an original and four
copies of each filing.

If more than one docket or rulemaking number appears in the caption of
this proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number. Filings can be sent by hand or
messenger delivery, by commercial overnight courier, or by first-class
or overnight U.S. Postal Service mail (although we continue to
experience delays in receiving U.S. Postal Service mail). The
Commission\'s contractor, Vistronix, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission\'s Secretary at
236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be addressed to 445 12th Street, S.W., Washington, D.C.
20554. All filings must be addressed to the Commission\'s Secretary,
Office of the Secretary, Federal Communications Commission.

In addition, four copies of each comment and reply must be delivered to
Janice Myles, Wireline Competition Bureau, 445 12^th^ Street, S.W., Room
5-C327, Washington, D.C., 20554, and one copy of each must be delivered
to Qualex International, the Commission's duplicating contractor, at
Portals II, 445 12^th^ Street, S.W., Room CY-B402, Washington D.C.,
20554. In accordance with the Commission's earlier Public Notice
announcing that hand-delivered or messenger-delivered filings are no
longer accepted at the Commission's headquarters, hand-delivered or
messenger-delivered filings must be delivered to **236 Massachusetts
Avenue, N.E., Suite 110, Washington, D.C. 20002.**[^1] The filing hours
at this location will be 8:00 a.m. to 7:00 p.m. All hand deliveries must
be held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.

A copy of any comments on possible information collections contained
herein must also be submitted to Judith B. Herman, Federal
Communications Commission, Room 1-C804, 445 12^th^ Street, S.W.,
Washington, D.C. 20554, or via the Internet to <jbherman@fcc.gov>, and
to Jeanette Thornton, OMB Desk Officer, Room 10236 NEOB, 725 17^th^
Street, N.W., Washington, D.C. 20503 or via the Internet to
<JThornto@omb.eop.gov>.

Filings in this proceeding are available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C., 20554. They may also be purchased from the Commission\'s
duplicating contractor, Qualex International, Portals II, 445 12th
Street, S.W., Room CY-B402, Washington, D.C., 20554, telephone
202-863-2893, facsimile 202-863-2898, or via e-mail <qualexint@aol.com>.

For further information, please contact Janice Myles, Competition Policy
Division, Wireline Competition Bureau, at (202)418-1580.

[^1]: *See* Public Notice, FCC Announces New Filing Location for Paper
    Documents, DA 01-2919 (rel. December 14, 2001).