**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | CC Docket No. 01-140         |
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| Bell Atlantic Telephone          | ) | Transmittal Nos. 1373 and    |
| Companies                        | * | 1374                         |
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| Revisions in Tariff FCC Nos. 1   |   | Transmittal Nos. 23 and 24   |
| and 11                           | * |                              |
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| Verizon Telephone Companies      | ) |                              |
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| Tariff FCC Nos. 1 and 11         | * |                              |
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**ORDER TERMINATING TARIFF INVESTIGATION**

**Adopted:** September 26, 2001 **Released:** September 26, 2001

By the Commission:

1.  In this order, we terminate the investigation into the tariff
    revisions described in the former Bell Atlantic Telephone Companies
    Transmittal Nos. 1373 and 1374.[^1] As discussed below, the issues
    designated for investigation have been resolved and the
    investigation is therefore moot.

2.  On April 11, 2001 and April 12, 2001, the former Bell Atlantic
    Telephone Companies (now Verizon) filed Transmittal Nos. 1373 and
    1374, respectively, to revise Tariff FCC Nos. 1 and 11 by changing
    the rates charged to collocators for direct current (DC) power. The
    tariff revisions in Transmittal Nos. 1373 and 1374 became effective
    on April 26, 2001. The revisions in Tariff FCC No. 1 changed the
    monthly rate for DC power for physical collocation and established a
    new rate element for DC power for virtual collocation in the Verizon
    South region.[^2] The revisions in Tariff FCC No. 11 changed monthly
    rates for DC power for physical and virtual expanded interconnection
    arrangements in Verizon New York/Connecticut and Verizon New
    England.[^3]

3.  Several parties filed petitions to reject or suspend and investigate
    Verizon's tariff revisions.[^4] On April 25, 2001, the Competitive
    Pricing Division of the Common Carrier Bureau (Bureau) suspended the
    tariff revisions for one day and set them for investigation.[^5] On
    June 26, 2001, the Bureau designated issues for investigation in the
    proceeding.[^6] Verizon filed its direct case on July 17, 2001,[^7]
    commenters filed oppositions to the direct case on July 31,
    2001,[^8] and Verizon filed a rebuttal to the oppositions on August
    7, 2001.[^9] Verizon also made several supplemental filings,
    subsequent to filing its direct case, that provided additional
    information in response to the *Designation Order*.[^10]

4.  On September 25, 2001, Verizon filed an Application for Special
    Permission seeking waivers of the Commission's rules in order to
    file tariff revisions, on not more than one day's notice,[^11] that
    would reinstate the tariff rates, terms and conditions that were in
    effect immediately prior to the effective date of the tariff rates,
    terms and conditions filed under Transmittal Nos. 1373 and
    1374.[^12] Verizon also commits to make refunds to any customers who
    incurred charges relative to DC power while the tariff revisions in
    Transmittal Nos. 1373 and 1374 were in effect greater than they
    would have incurred under Verizon's previously effective tariffed
    rates, terms and conditions. The tariff revisions reflected in
    Verizon's Transmittal No. 94, together with Verizon's commitment to
    make refunds, resolve all the issues under investigation in this
    proceeding.[^13] We therefore terminate our investigation of
    Transmittal Nos. 1373 and 1374.

5.  Accordingly, IT IS ORDERED that, pursuant to Section 204(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 204(a), the
    investigation and accounting order imposed by the Common Carrier
    Bureau in CC Docket No. 01-140 with respect to the Bell Atlantic
    Telephone Companies Revisions in Tariff FCC Nos. 1 and 11,
    Transmittal Nos. 1373 and 1374, ARE TERMINATED.

> FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

[^1]: The former Bell Atlantic Telephone Companies are now doing
    business as Verizon Communications (Verizon). Subsequent to filing
    Transmittal Nos. 1373 and 1374, Verizon filed Transmittal Nos. 23
    and 24 in order to issue the Verizon Telephone Companies Tariff FCC
    Nos. 1 and 11 to replace Bell Atlantic Tariff FCC Nos. 1 and 11.
    These became effective April 28, 2001. The tariff revisions filed
    under Bell Atlantic Transmittal Nos. 1373 and 1374 were moved into
    the Verizon tariffs without change.

[^2]: Verizon South includes Washington, D.C., Delaware, Maryland, New
    Jersey, Pennsylvania, Virginia, and West Virginia.

[^3]: Verizon New England includes Massachusetts, Maine, New Hampshire,
    Rhode Island, and Vermont.

[^4]: *See* Conversent Communications Petition to Reject or, in the
    Alternative, Suspend and Require an Accounting of, the Proposed
    Revisions of Verizon to its Monthly DC Power Rates in FCC Tariff No.
    11 (filed Apr. 17, 2001) (Conversent Petition); Association for
    Local Telecommunications Services, Allegiance Telecom, Inc., Choice
    One Communications, Inc., Covad Communications Company, Network
    Plus, Inc., Rhythms Links, Inc., and XO Communications, Inc.
    Petition to Reject or Suspend and Investigate Proposed Tariff
    Revisions (filed Apr. 18, 2001) (ALTS Petition); Petition of AT&T
    Corp. (filed Apr. 18, 2001) (AT&T Petition); Qwest Communications
    International, Inc. and Qwest Communications Corporation Joint
    Petition for Suspension or Rejection of Revisions to Verizon
    Communications Tariff FCC Nos. 1 and 11 (filed Apr. 18, 2001) (Qwest
    Petition); Sprint Corporation Petition to Reject or Suspend and
    Investigate (filed Apr. 18, 2001) (Sprint Petition); WorldCom
    Petition to Suspend and Investigate (filed Apr. 18, 2001) (WorldCom
    Petition).

[^5]: *The Bell Atlantic Telephone Companies Revisions for Tariff FCC
    Nos. 1 and 11; The Verizon Telephone Companies Tariff FCC Nos. 1 and
    11*, Order, DA 01-1077 (Comp. Pric. Div. rel. Apr. 25, 2001)
    (*Suspension Order*).

[^6]: *Bell Atlantic Telephone Companies Revisions in Tariff FCC Nos. 1
    and 11; Verizon Telephone Companies Tariff FCC Nos. 1 and 11*, CC
    Docket No. 01-140, Order Designating Issues for Investigation, DA
    01-1525 (Com. Carr. Bur. rel. June 26, 2001) (*Designation Order*).

[^7]: Verizon Direct Case, CC Docket No. 01-140 (filed July 17, 2001)
    (Verizon Direct Case).

[^8]: The parties that filed oppositions are the Association for Local
    Telecommunications Services, Allegiance Telecom, Inc., Covad
    Communications Company, Focal Communications, Inc., Network Plus,
    Inc., and XO Communications, Inc. (collectively ALTS); AT&T Corp.
    (AT&T); Sprint Corporation (Sprint); and WorldCom, Inc. (WorldCom).

[^9]: Verizon's Reply to Oppositions to Direct Case, CC Docket No.
    01-140 (filed Aug. 7, 2001) (Verizon Rebuttal).

[^10]: *See* Letter from Jennifer L. Hoh, Senior Legal Specialist,
    Verizon, to Magalie Roman Salas, Secretary, Federal Communications
    Commission (July 27, 2001) (Verizon July 27 *Ex Parte* Letter);
    Letter from Kenneth Rust, Director Federal Regulatory, Verizon, to
    Magalie Roman Salas, Secretary, Federal Communications Commission
    (Aug. 2, 2001) (Verizon Aug. 2 *Ex Parte* Letter); Letter from
    Joseph DiBella, Regulatory Counsel, Verizon, to Magalie Roman Salas,
    Secretary, Federal Communications Commission (Aug. 14, 2001)
    (Verizon Aug. 14 *Ex Parte* Letter); Letter from Jennifer L. Hoh,
    Senior Staff Consultant, Verizon, to Magalie Roman Salas, Secretary,
    Federal Communications Commission (Aug. 24, 2001) (Verizon Aug. 24
    *Ex Parte* Letter); Letter from Jennifer L. Hoh, Senior Staff
    Consultant, Verizon, to Magalie Roman Salas, Secretary, Federal
    Communications Commission (Aug. 31, 2001) (Verizon Aug. 31 *Ex
    Parte* Letter); Letter from Richard T. Ellis, Director-Federal
    Affairs, Verizon, to Magalie Roman Salas, Federal Communications
    Commission (Sept. 19, 2001) (Verizon Sept. 19 *Ex Parte* Letter).

[^11]: 47 C.F.R. § 61.58.

[^12]: *See* Letter from Richard T. Ellis, Director-Federal Affairs,
    Verizon, to Magalie Roman Salas, Secretary, Federal Communications
    Commission (filed Sept. 25, 2001) (Application No. 10) *and* Letter
    from Richard T. Ellis, Director-Federal Affairs, Verizon, to Magalie
    Roman Salas, Secretary, Federal Communications Commission (filed
    Sept. 25, 2001) (Transmittal No. 94). The Bureau granted Verizon's
    application and waived 47 C.F.R. § 61.58 in Special Permission No.
    01-098 on September 25, 2001.

[^13]: In its petition to reject or suspend Verizon's tariff filings,
    Conversent argues that, under its prior tariff, Verizon had been
    charging collocators improperly for DC power on a per-fused amp
    basis in violation of the tariff language. *See* Conversent Petition
    at 7-10. Neither Verizon's prior rates nor its billing practices
    with respect to those rates are at issue in this investigation,
    which is limited to Verizon's Transmittal Nos. 1373 and 1374.
    Parties wishing to challenge those rates or practices may file a
    complaint pursuant to section 208 of the Communications Act, 47
    U.S.C. § 208. We note, however, that the reinstated rates, terms and
    conditions are subject to investigation in CC Docket Nos. 94-97,
    96-165, and 98-240.