**DA 03-2039**

**June 19, 2003**

**COMMENTS REQUESTED ON THE APPLICATION BY SBC COMMUNICATIONS INC. FOR
AUTHORIZATION UNDER SECTION 271 OF THE COMMUNICATIONS ACT TO PROVIDE
IN-REGION, INTERLATA SERVICE IN THE STATE OF MICHIGAN**

**WC DOCKET NO. 03-138**

**Comments: July 2, 2003**

**Reply Comments: July 21, 2003**

On June 19, 2003, SBC Communications Inc., Michigan Bell Telephone
Company, and Southwestern Bell Communications Services, Inc. (Michigan
Bell) filed an application for authorization to provide in-region,
interLATA service in the State of Michigan, pursuant to section 271 of
the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 271.
Pursuant to section 271 of the Act, an applicant must demonstrate
compliance with section 271 on a state-by-state basis.

This Public Notice establishes certain procedural requirements relating
to consideration of Michigan Bell'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 SBC Communications Inc., Pursuant to Section 271 of the
Telecommunications Act of 1996 to Provide In-Region, InterLATA Services
in Michigan*, Protective Order, DA 03-2040 (WCB rel. June 19, 2003),
that establishes the conditions under which access will be made
available to confidential documents submitted in this proceeding by
Michigan Bell or any other party.

As the Commission stated in its March 23, 2001 Public Notice, we retain
discretion to adjust filing deadlines for these applications on a
case-by-case basis. Because Michigan Bell's instant application follows
closely in time to its recently withdrawn filing in WC Docket No. 03-16,
and this application relies largely on the same evidence that supported
its previous application, we find it appropriate to adopt an expedited
comment schedule.

***Comments By Interested Third Parties***. Comments by interested third
parties in support of or in opposition to Michigan Bell's application
must be filed on or before **July 2, 2003**, and must be filed in
conformance with the procedures set forth in the attached March 23, 2001
Public Notice. Parties seeking to rely on any of their comments or *ex
parte* filings filed in WC Docket No. 03-16 prior to the termination of
that proceeding should incorporate by reference those portions of such
materials relevant to this proceeding, but parties do not have to
re-file such materials in their entirety. Any materials not expressly
incorporated by the originating party may not be relied upon by the
Commission. As in prior section 271 application proceedings, comments
may not exceed 100 pages.[^2]

An original and four copies of all comments must be filed with the
Commission Secretary, Marlene H. Dortch, 445 12^th^ Street, SW, CY-B402,
Washington D.C. 20554. In addition, fifteen copies of each comment must
be delivered to Janice Myles, Wireline Competition Bureau, 445 12^th^
Street SW, Room 5-C327, Washington, D.C., 20554 and one copy to Qualex
International, Portals II, 445 12^th^ Street SW, Room CY-B402,
Washington D.C., 20554. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies.
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}\>.
In completing the transmittal screen, commenters should include their
full name, postal mailing address, and the applicable docket of this
proceeding. Only one copy of an electronic submission must be filed.
Parties may also submit an electronic comment by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an email
to <ecfs@fcc.gov>, and should include the following words in the subject
line, "get form \<your e-mail address\>." A sample form and directions
will be sent in reply.

Parties that choose to file by paper must file an original and four
copies of each, and are hereby notified that effective December 18,
2001, the Commission's contractor, Vistronix, Inc., will receive
hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at a new location in downtown Washington, D.C.
The address is 236 Massachusetts Avenue, NE, 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. This
facility is the only location where hand-delivered or
messenger-delivered paper filings for the Commission's Secretary will be
accepted. Accordingly, the Commission will no longer accept these
filings at 9300 East Hampton Drive, Capitol Heights, MD 20743. In
addition, this is a reminder that, effective October 18, 2001, the
Commission discontinued receiving hand-delivered or messenger-delivered
filings for the Secretary at its headquarters location at 445 12^th^
Street, SW, Washington, D.C. 20554.

Other messenger-delivered documents, including documents sent by
overnight mail (other than United States Postal Service (USPS) Express
Mail and Priority Mail), must be addressed to 9300 East Hampton Drive,
Capitol Heights, MD 20743. This location will be open 8:00 a.m. to 5:30
p.m. The USPS first-class mail, Express Mail, and Priority Mail should
continue to be addressed to the Commission's headquarters at 445 12th
Street, SW, Washington, D.C. 20554. The USPS mail addressed to the
Commission's headquarters actually goes to our Capitol Heights facility
for screening prior to delivery at the Commission.

+----------------------------------+-----------------------------------+
| **If you are sending this type   | It should be addressed for        |
| of document or using this        | delivery to...                    |
| delivery method...**             |                                   |
+----------------------------------+-----------------------------------+
| Hand-delivered or                | 236 Massachusetts                 |
| messenger-delivered paper        |                                   |
| filings for the Commission's     | Avenue, NE, Suite 110,            |
| Secretary                        |                                   |
|                                  | Washington, D.C. 20002            |
|                                  |                                   |
|                                  | (8:00 a.m. to 7:00 p.m.)          |
+----------------------------------+-----------------------------------+
| Other messenger-delivered        | 9300 East Hampton Drive,          |
| documents, including documents   |                                   |
| sent by overnight mail (other    | Capitol Heights, MD 20743         |
| than United States Postal        |                                   |
| Service Express Mail and         | (8:00 a.m. to 5:30 p.m.)          |
| Priority Mail)                   |                                   |
+----------------------------------+-----------------------------------+
| United States Postal Service     | 445 12^th^ Street, SW             |
| first-class mail, Express Mail,  |                                   |
| and Priority Mail                | Washington, D.C. 20554            |
+----------------------------------+-----------------------------------+

Filings and comments are available for public inspection and copying
during regular business hours at the FCC Reference Information Center,
Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC, 20554.
They may also be purchased from the Commission\'s duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC, 20554, telephone (202) 863-2893, facsimile
(202) 863-2898, or via e-mail <qualexint@aol.com>. **Parties are also
requested to send a courtesy copy of their comments via email to**:
[spie@fcc.gov]{.underline}; [gspade@fcc.gov]{.underline};
[rpgregg@michigan.gov]{.underline}, and
[layla.seirafi-najar@usdoj.gov]{.underline}.

***State Commissions and Department of Justice Written Consultations***.
The Michigan Public Service Commission (Michigan Commission) must file
any written consultation on or before **July 2, 2003.**[^3] 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 **July 16, 2003**. Because the state commission and the
Department of Justice are given roles by statute in a section 271
proceeding, copies of all pleadings, including comments, replies and *ex
partes*, should be filed with those parties.[^4]

***Replies***. All participants in the proceeding -- the applicant,
interested third parties, the State Commissions, and the Department of
Justice -- may file a reply to any comment filed by any other
participant on or before **July 21**, **2003.** Reply comments may not
exceed 50 pages, unless parties request additional pages to address
specific circumstances, as described above. An original and four copies
of all reply comments must be filed with Commission Secretary, Marlene
H. Dortch, 445 12^th^ Street, S.W., TW-B402, Washington D.C. 20554. In
addition, fifteen copies of each reply comment 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 must be sent to Qualex
International, Portals II, 445 12^th^ Street, S.W., Room CY-B402,
Washington D.C., 20554. As noted previously, hand-delivered or
messenger-delivered filings will be accepted only at 236 Massachusetts
Avenue, NE, Suite 110, Washington, DC 20002. **Parties are requested to
send a courtesy copy of their replies via email to**:
[spie@fcc.gov]{.underline}; [gspade@fcc.gov]{.underline};
[rpgregg@michigan.gov]{.underline}, and
[layla.seirafi-najar@usdoj.gov]{.underline}.

***Treatment of Confidential Information*.** To the extent a submission
by any party (including the applicant, the Department of Justice, the
Michigan Commission, or any commenter) 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 sent to Marlene H. Dortch, Secretary, 445 12^th^
Street, S.W., Room TW-B204, Washington, D.C. 20554. Hand-delivered or
messenger-delivered filings will be accepted only at 236 Massachusetts
Avenue, NE, Suite 110, Washington, DC 20002. Each redacted filing must
also be submitted on a read-only CD-ROM[^5] formatted in Word 97 or
Excel 97 format, as applicable. One set of the confidential and redacted
submissions should also be delivered to Susan Pié, Competition Policy
Division, Wireline Competition Bureau, Federal Communications
Commission, 445 12^th^ Street, S.W., Room 5-C224, Washington, DC 20554.

All questions relating to access to confidential information submitted
by Michigan Bell should be directed to Kevin Walker, Kellogg, Huber,
Hansen, Todd & Evans, 1615 M Street, N.W., Suite 400, Washington, DC
20036-3209, Fax (202) 326-7821, Telephone (202) 367-7820.

***Availability of Information.*** A wide range of information relating
to Michigan Bell's section 271 application for Michigan may be retrieved
from the Commission's World Wide Website at
[http://www.fcc.gov](http://www.fcc.gov/).[^6] Specific information,
such as comments and *ex parte* submissions, may be obtained from the
ECFS, which is accessible through the Commission's website. This
application will be available for public inspection during regular
business hours in the Reference Information Center of the Federal
Communications Commission, Room CY-A257, 445 12^th^ Street, S.W.,
Washington, DC, 20554. Paper copies of the joint application, and the
record generated in response thereto, may be obtained from the
Commission's copy contractor.

***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.[^7]
Accordingly, *ex parte* presentations will be permitted, provided they
are disclosed in conformance with the Commission's *ex parte* rules.[^8]
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 courtesy copies of any *ex parte* presentations made to any
member of the Commission to Susan Pié, Competition Policy Division,
Wireline Competition Bureau, Federal Communications Commission, 445
12^th^ Street, S.W., Room 5-224, Washington D.C. 20554. **Parties are
also requested to send a courtesy copy of *ex parte* submissions via
email to:** [spie@fcc.gov]{.underline}; [gspade@fcc.gov]{.underline};
[rpgregg@michigan.gov]{.underline}, and
[layla.seirafi-najar@usdoj.gov]{.underline}.

For purposes of this proceeding, oral *ex parte* presentations from the
Department of Justice or the Michigan Commission are deemed to be exempt
*ex parte* presentations.[^9] 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
state commission -- shall prepare a summary for inclusion in the record
in accordance with Commission rules, unless such a summary is being
prepared by Commission staff.[^10] We also waive any page limits for
written *ex parte* submissions by the Department of Justice or the state
commission.

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 joint
application.[^11]

***Ex Parte Meeting Schedule.*** The Wireline Competition Bureau staff
will be available for meetings on **June 30 and July 1, 2003, and July
17, 2003**, 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, Michigan Bell'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, Competition Policy Division, Wireline Competition Bureau 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

***Ex Parte* Meetings related to Comments: June 30 and July 1, 2003**

**Comments Due: July 2, 2003**

**State Commission Comments Due: July 2, 2003**

**U.S. Department of Justice Evaluation Due: July 16, 2003**

***Ex Parte* Meetings related to Reply Comments: July 17, 2003**

**Reply Comments Due: July 21, 2003**

**Statutory Deadline: September 17, 2003**

By the Wireline Competition Bureau.

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

Wireline Competition Bureau Contact: Gina Spade \-- (202) 418-7105

[^1]: *See* *Updated Filing Requirements for Bell Operating Company
    Applications Under Section 271 of the Communications Act*, Public
    Notice, 16 FCC Rcd 20, 948 (2001) (March 23, 2001 Public Notice).

[^2]: Parties anticipating that they may require additional pages for
    comments or reply comments are asked to contact Susan Pié at (202)
    418-1443 as soon as possible.

[^3]: We have asked the Michigan Commission to file written
    consultations on the same day as interested parties file comments.

[^4]: Please forward copies to the attention of: (1) Rodney Gregg,
    Michigan Public Service Commission, P.O. Box 30221, Lansing, MI
    48909, email: rpgregg@michigan.gov and (2) Layla Seirafi-Najar, U.S.
    Department of Justice, Antitrust Division, Telecommunications and
    Media Enforcement, 1401 H Street, N.W., Suite 8000, Washington, DC
    20530, email:
    [layla.seirafi-najar@usdoj.gov](mailto:brianne.kucerik@usdoj.gov).

[^5]: If filing on a CD-ROM is not possible, applicants may file on a
    3.5 inch computer diskette.

[^6]: 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.

[^7]: *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).

[^8]: *See* 47 C.F.R. §§ 1.1202, 1.1206(b). Copies of *ex parte*
    submissions delivered to Michigan Bell's counsel shall be addressed
    to: Kevin Walker, Kellogg, Huber, Hansen, Todd & Evans, 1615 M
    Street, N.W., Suite 400, Washington, DC 20036-3209, Fax (202)
    326-7821, Telephone (202) 367-7820.

[^9]: *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).

[^10]: *See id.* § 1.1206(a).

[^11]: *See id.* §§ 1.1200; 1.1203.