**DA 01-1790**

**August 1, 2001**

COMMON CARRIER BUREAU SEEKS COMMENT ON PROPOSED CHANGE TO VERIZON'S
MERGER PERFORMANCE PLAN

**CC Docket No. 98-184**

**Comments Due: August 31, 2001**

**Reply Comments Due: September 15, 2001**

The *Bell Atlantic/GTE Merger Order* requires Verizon Communications,
Inc. (Verizon) to publicly file performance data demonstrating its
progress in opening its local markets to competitors as part of the
Carrier-to-Carrier Performance Plan.[^1] Specifically, Verizon reports
17 performance measurements each month in the areas of operations
support systems, provisioning, maintenance and repair, billing, and
collocation.[^2] If Verizon's performance falls below certain
benchmarks, the company must make payments to the United States
Treasury.[^3]

Pursuant to the *Merger Conditions*, the Carrier-to-Carrier Performance
Plan is effective in each state until the earlier of (i) 36 months after
Verizon's obligation to make payments starts, (ii) the date on which
Verizon receives section 271 authority in a state, or (iii) the
effective date of a comprehensive performance plan adopted by a state
commission.[^4] Under the *Merger Conditions*, the Chief of the Common
Carrier Bureau shall determine whether a state-approved performance
reporting requirement is "comprehensive" for purposes of the *Bell
Atlantic/GTE Merger Order*.[^5]

Verizon has requested the Common Carrier Bureau's approval to remove
Illinois, Ohio, and Pennsylvania from the federal Carrier-to-Carrier
Performance Plan.[^6] Specifically, Verizon states that the Illinois,
Ohio, and Pennsylvania commissions have adopted performance reporting
plans that are comprehensive. Under its proposal, Verizon would neither
report performance data to the Commission nor make voluntary payments to
the United States Treasury for performance in those states.

The Bureau seeks comment on Verizon's proposal. To the extent parties
argue that a particular plan is not comprehensive under the *Merger
Conditions*, they should identify with specificity which measurement or
measurements are lacking in that state plan.

1\. EX PARTE STATUS OF THIS PROCEEDING

This proceeding continues to be \"permit but disclose\" for purposes of
the Commission\'s *ex parte* rules. See generally 47 C.F.R. §§
1.1200-1.1216. Should circumstances warrant, the Bureau may designate
this proceeding and all interrelated proceedings as restricted. As a
\"permit but disclose\" proceeding, *ex parte* presentations will be
governed by the procedures set forth in Section 1.1206 of the
Commission\'s rules applicable to non-restricted proceedings.[^7]

Parties making oral *ex parte* presentations are reminded that memoranda
summarizing the presentation must contain a summary of the substance of
the presentation 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)(2), as
revised. Other rules pertaining to oral and written presentations are
set forth in Section 1.1206 (b) as well. Interested parties are to file
with the Commission Secretary, Magalie Roman Salas, 445 12th Street
S.W., Washington, D.C. 20554, and serve Debbi Byrd of the Accounting
Safeguards Division, Common Carrier Bureau, 445 12th Street S.W.,
6-C316, Washington D.C. 20554, and International Transcription Service,
Inc., 445 12th Street, S.W., CY-B402, Washington, D.C. 20554, with
copies of any written *ex parte* presentations in these proceedings
filed in the manner specified above.

2\. FILING PROCEDURES

Interested parties may file comments regarding Verizon's request not
later than August 31, 2001. Reponses or oppositions to these comments
and petitions may be filed not later than September 15, 2001. In
accordance with Section 1.51(c) of the Commission\'s Rules, 47 C.F.R.
§1.51(c), an original and four copies of all pleadings must be filed
with the Commission\'s Secretary, Magalie Roman Salas, 445 12th Street,
S.W., TW-A325, Washington, D.C. 20554. In addition, copies of each
pleading must be filed with other offices in the following manner: (1)
one copy with International Transcription Service, Inc., the
Commission\'s duplicating contractor, 445 12th Street, S.W., CY-B402,
Washington, D.C. 20554, (202) 857-3800; (2) one copy with Mark Stone,
Accounting Safeguards Division, Common Carrier Bureau, 445 12th Street,
S.W., Room 6-C365, Washington, D.C. 20554; and (3) six copies with Debbi
Byrd, Accounting Safeguards Division, Common Carrier Bureau, 445 12th
Street, S.W., Room 6-C316, Washington, D.C. 20554.

In addition to filing paper comments, parties may also file comments
using Commission\'s Electronic Comment Filing System (ECFS).[^8]
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. In completing
the transmittal screen, commenters should include their full name,
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet
e-mail. For 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.

Copies of any subsequently filed documents in this matter may be
obtained from International Transcription Service, Inc., 445 12th
Street, S.W., CY-B402, Washington, D.C. 20554, (202) 857-3800.
Electronic versions are also available on the FCC\'s Internet Home Page
(http://www.fcc.gov) and through the Commission\'s Electronic Comment
Filing System. To the extent that parties file electronic versions of
responsive pleadings, such filings also will be available on the FCC\'s
Internet Home Page and through the Commission\'s Electronic Comment
Filing System. Copies of the applications and documents are also
available for public inspection and copying during normal reference room
hours at the Commission\'s Reference Center, 445 12th Street, S.W.,
CY-A257, Washington, D.C. 20554.

For further information, contact Mark Stone at (202) 418-0816.

Action by the Chief, Accounting Safeguards Division, Common Carrier
Bureau, FCC.

[^1]: Applications of GTE Corporation, Transferor, and Bell Atlantic
    Corporation, Transferee, For Consent to Transfer Control of Domestic
    and International Sections 214 and 310 Authorizations and
    Application to Transfer Control of a Submarine Cable Landing
    License, CC Docket No. 98-184, *Memorandum Opinion and Order*, 15
    FCC Rcd 14032, Appendix D, Attachment A (2000) *("Bell Atlantic/GTE
    Merger Order*" or "*Merger Order*").

[^2]: *See Bell Atlantic/GTE Merger Order* at Appendix D, Attachment A,
    ¶¶ 8-16.

[^3]: *See Bell Atlantic/GTE Merger Order* at Appendix D, Attachment A,
    ¶ 14.

[^4]: *See Bell Atlantic/GTE Merger Order* at Appendix D, ¶ 17.

[^5]: *See Bell Atlantic/GTE Merger Order* at Appendix D, n.60.

[^6]: *See* Letters from Dee May, Executive Director, Federal
    Regulatory, Verzion, to Dorothy Attwood, Chief, Common Carrier
    Bureau, Federal Communications Commission (July 17 and 19, 2001).
    The letters and the accompanying state plans are too voluminous to
    attach to this Public Notice but are available in the Commission\'s
    Electronic Comment Filing System in CC Docket No. 98-184.

[^7]: An *ex parte* presentation is any communication (spoken or
    written) directed to the merits or outcome of a proceeding made to a
    Commissioner, a Commissioner\'s assistant, or other decision-making
    staff member, that, if written, is not served on other parties to
    the proceeding or, if oral, is made without an opportunity for all
    parties to be present. 47 C.F.R. § 1.1201.

[^8]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    FR 24,121 (1998).