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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 02-1893**

**Released: August 1, 2002**

**C O R R E C T I O N**

**COMMENTS REQUESTED ON VERIZON'S APPLICATION FOR AUTHORIZATION TO
PROVIDE IN-REGION, INTERLATA SERVICE IN THE STATE OF VIRIGINIA**

**WC DOCKET NO. 02-214**

On August 1, 2002, Verizon Virginia Inc., Verizon Long Distance Virginia
Inc., Verizon Enterprise Solutions Virginia Inc., Verizon Global
Networks Inc., and Verizon Select Services of Virginia Inc.
(collectively, "Verizon"), filed an application for authorization to
provide in-region, interLATA service in the state of Virginia, 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 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 by Verizon Virginia Inc., et. al., for Authorization To
Provide In-Region, InterLATA Services in Virginia*, Protective Order, DA
02-1894 (WCB rel. August 1, 2002), 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 **August 21, 2002**, and must be filed in conformance
with the procedures set forth in the attached *March 23, 2001 Public
Notice.* As in prior section 271 application proceedings, comments may
not exceed 100 pages.

Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
C.F.R. §§ 1.415, 1.419, interested parties may file Comments on or
before **August 21, 2002.** Parties may file reply comments on or before
**September 12, 2002.**

Comments and replies may be filed using the Commission\'s Electronic
Comment Filing System (ECFS) or by filing paper copies.
[See]{.underline} [Electronic Filing of Documents in Rulemaking
Proceedings]{.underline}, 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. To get further 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.

If a party chooses to file comments or replies by paper, an original and
four copies must be sent to Marlene H. Dortch, Secretary, Office of the
Secretary, Federal Communications Commission, 445 12^th^ Street, SW,
CY-B402, Washington, D.C., 20554. Fifteen additional paper 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. One copy of each paper comment and reply must be sent to
the Commission's duplicating contractor, Qualex International, Portals
II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554.

All filings must contain the docket or rulemaking number that appears in
the caption of this proceeding. If more than one docket or rulemaking
number appears in the caption, 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. The filing hours at this location are 8 am.
to 5:30 p.m. First-class U.S. Postal Service mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street, SW, Washington,
D.C. 20554. All filings must contain the Docket Number, and must be
addressed to the Commission\'s Secretary, Office of the Secretary,
Federal Communications Commission.

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, NE, Suite 110, Washington, DC 20002.**[^2]

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>.

+----------------------------------+-----------------------------------+
| **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, DC 20002              |
|                                  |                                   |
|                                  | (8:00 a.m. to 7:00 p.m.)          |
+----------------------------------+-----------------------------------+
| Commercial overnight mail (other | 9300 East Hampton Drive,          |
| than United States Postal        |                                   |
| Service Express Mail and         | Capitol Heights, MD 20743         |
| Priority Mail)                   |                                   |
|                                  | (8:00 a.m. to 5:30 p.m.)          |
+----------------------------------+-----------------------------------+
| United States Postal Service     | 445 12^th^ Street, SW             |
| first-class mail, Express Mail,  |                                   |
| and Priority Mail                | Washington, DC 20554              |
+----------------------------------+-----------------------------------+

**Parties are strongly encouraged to file comments, replies, and *ex
parte* items electronically using the Commission's Electronic Comment
Filing System (ECFS). Parties are also requested to send a courtesy copy
of their comments, replies and *ex parte* items via email to:**
<gremondi@fcc.gov>; <jmyles@fcc.gov>, <uonyeije@fcc.gov>,
<laura.starling@usdoj.gov>, <david.aurlanuantham@usdoj.gov> **and**
<kcummings@scc.state.va.us>, <dmueller@scc.state.va.us>,
<askirpen@scc.state.va.us>.

**St*ate Commissions and Department of Justice Written Consultations***.
The Virginia State Corporation Commission must file any written
consultation on or before **August 21, 2002.** 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
**September 5, 2002.**

Because the state commissions and the Department of Justice are given
roles by statute in a section 271 proceeding, copies of all pleadings,
including comments and *ex partes*, should be filed with those
parties.[^3]

***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 **September 12, 2002.** If a party chooses to
file by paper, an original and four copies of all reply comments must be
filed with Marlene H. Dortch, Secretary, Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, S.W., TW-B204,
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. Reply comments may not
exceed 50 pages, unless parties request additional pages to address
state-specific circumstances, as described above in footnote 2.
Hand-delivered or messenger-delivered filings will be accepted only at
236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002.[^4] As
with comments, **parties are encouraged to file replies electronically
using the ECFS.** **Parties are also requested to send a courtesy copy
of any replies via email to:** <gremondi@fcc.gov>**,**
<jmyles@fcc.gov>**,** <uonyeije@fcc.gov>, <laura.starling@usdoj.gov>,
<david.aurlanuantham@usdoj.gov> **and** <kcummings@scc.state.va.us>,
<dmueller@scc.state.va.us>, <askirpen@scc.state.va.us>.

***Treatment of Confidential Information*.** To the extent a submission
by any party (including the applicant, the Department of Justice, and
the Virginia State Corporation Commission) 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] Three
sets of the confidential and redacted submissions should also be sent to
Gary Remondino, Wireline Competition Bureau, Competition Policy
Division, Federal Communications Commission, 445 12^th^ Street, S.W.,
Room 5-C140, Washington, DC 20554.

All questions relating to access to confidential information submitted
by Verizon should be directed to Steven McPherson, Verizon, 1515 North
Courthouse Road, Arlington, VA 22201, (703) 351-3083.

***Availability of Information.*** A wide range of information relating
to Verizon's section 271 application for Virginia may be retrieved from
the Commission's 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. Moreover,
Verizon has voluntarily agreed to post relevant documents, including its
application and supporting affidavits and substantive *ex parte*
submissions, on the World Wide Web at
[http://newscenter.verizon.com/policy]{.underline}.

The 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 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 Gary Remondino, Competition Policy Division,
Wireline Competition Bureau, Federal Communications Commission, 445
12^th^ Street, S.W., Room 5-C140, Washington D.C. 20554.

**Parties are also requested to send a courtesy copy of *ex parte*
submissions via email to:**

<gremondi@fcc.gov>**,** <jmyles@fcc.gov>, <uonyeije@fcc.gov>,
<laura.starling@usdoj.gov>, <david.aurlanuantham@usdoj.gov>, **and**
<kcummings@scc.state.va.us>, <dmueller@scc.state.va.us>,
<askirpen@scc.state.va.us>.

.

In recognition of the burden placed on all parties by the 90-day
statutory timeframe, Verizon has voluntarily agreed to post a copy of
each *ex parte* submission it files with the Commission in this docket
at its website: [http://newscenter.verizon.com/policy]{.underline}.
Likewise, parties filing *ex parte* submissions are requested to provide
Verizon with a copy of each *ex parte* submission within 24 hours by
fax, messenger, or overnight delivery.[^9]

For purposes of this proceeding, oral *ex parte* presentations from the
Department of Justice or the state commission are deemed to be exempt
*ex parte* presentations.[^10] 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.[^11] 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
application.[^12]

***Ex Parte Meeting Schedule.*** The Wireline Competition Bureau staff
will be available for meetings on **August 19 & 20, 2002; and September
10 & 11, 2002**, 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 Gary Remondino, Competition Policy Division, Wireline Competition
Bureau at (202) 418-2298 or Janice Myles at (202) 418-1577.

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: August 19, 2002 and August
20, 2002**

**Comments Due: August 21, 2002**

**State Commission Comments Due: August 21, 2002**

**U.S. Department of Justice Evaluation Due: September 5, 2002**

***Ex Parte* Meetings related to Reply Comments:September 10, 2002 and
September 11, 2002**

## 

## Reply Comments Due: September 12, 2002

## 

## Statutory Deadline: October 30, 2002

By the Wireline Competition Bureau.

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

Wireline Competition Bureau Contact: Uzoma Onyeije \-- (202) 418-7827

[^1]: *See Updated Filing Requirements for Bell Operating Company
    Applications Under Section 271 of the Communications Act*, Public
    Notice, DA 01-734 (CCB rel. Mar. 23, 2001) (*Mar. 23, 2001 Public
    Notice*).

[^2]: *See* Public Notice, FCC Announces New Filing Location for Paper
    Documents, DA 01-2919 (rel. December 14, 2001).

[^3]: Please forward copies to the attention of: (1) Katie Cummings,
    Deputy Director, Division of Communications, Virginia Corporation
    Commission, 1300 East Main Street, Richmond, Virginia, 23219 e-mail
    <kcummings@scc.state.va.us>, and (2) Laura Starling, U.S. Department
    of Justice, Antitrust Division, Telecommunications and Media
    Enforcement Section, 1401 H St., N.W., Suite 8000, Washington, DC
    20530.

[^4]: *See* Public Notice, FCC Announces New in Filing Location for
    Paper Documents, DA 01-2919 (rel. Dec. 14, 2001).

[^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).

[^9]: Copies of *ex parte* submissions delivered to Verizon shall be
    addressed to: Ann Berkowitz, 1300 Eye Street N.W., Suite 400 West,
    Washington, DC 20005, Fax (202) 336-7922, Telephone (202) 515-2539.

[^10]: *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).

[^11]: *See id.* § 1.1206(a).

[^12]: *See id.* §§ 1.1200; 1.1203.