**DA 04-2093**

**July 13, 2004**

**ENFORCEMENT BUREAU SEEKS COMMENT ON VERIZON'S REQUEST TO DISCONTINUE
AUDIT OF VERIZON'S COMPLIANCE WITH MERGER CONDITIONS**

**CC DOCKET NO. 98-184**

**Comments Due: July 27, 2004**

**Reply Comments Due: August 10, 2004**

On April 28, 2004, Verizon Communications, Inc. ("Verizon") submitted a
letter requesting that the Commission no longer require it to engage an
independent auditor to examine its compliance with the conditions of the
*Bell Atlantic/GTE Merger Order*[^1] for all periods beginning on or
after January 1, 2005. [^2] Condition XXII of the Commission's *Merger
Order* requires Verizon to retain an independent auditor on an annual
basis to conduct a compliance audit for all merger conditions in effect
during the period and to publicly file a report with the Commission.[^3]
Because Verizon's request effectively asks the Commission to eliminate
Condition XXII for future periods, we seek comment of interested parties
prior to making a determination.

*EX PARTE* STATUS AND PRESENTATIONS

Because of the policy implications and the potential impact of this
proceeding on persons not parties to this request, we find it would be
in the public interest to treat this case as a permit-but-disclose
proceeding under the Commission's *ex parte* rules.[^4] *Ex parte*
presentations that are made with respect to the issues involved in this
proceeding will be allowed but must be disclosed in accordance with the
requirements of section 1.1206(b) of the Commission\'s rules.[^5]

FILING PROCEDURES

Pursuant to sections 1.415 and 1.419 of the Commission\'s rules,
interested parties may file comments on or before [July 27,
2004]{.underline}, and reply comments on or before [August 10,
2004]{.underline}.[^6] 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/cgb/ecfs/>. 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, in this case, CC Docket No. 98-184. 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**](mailto:ecfs@fcc.gov), and should include the
following words in the body of the message, "get form." 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
appear in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.

Parties who choose to file by paper should also submit their comments on
diskette. These diskettes should be submitted to: Ernestine Creech, Room
3-A247, Investigations and Hearings Division, Enforcement Bureau, 445
12th Street, S.W., Washington, D.C. 20554. Such a submission should be
on a 3.5-inch diskette formatted in an IBM compatible format using Word
or Acrobat Reader. The diskette should be accompanied by a cover letter
and should be submitted in \"read only\" mode. The diskette should be
clearly labeled with the commenter\'s name, proceeding (including the
docket number, in this case CC Docket No. 98-184), type of pleading
(comments and reply comments), date of submission, and the name of the
electronic file on the diskette. The label should also include the
following phrase \"Disk Copy - Not an Original.\" Each diskette should
contain only one party\'s pleadings, preferably in a single electronic
file. In addition, commenters must send a diskette copy to the
Commission\'s copy contractor, Best Copy and Printing, Inc., 445 12th
Street, S.W., Room CY-B402, Washington, D.C. 20554, or via e-mail at
**joshir@erols.com**. A courtesy copy of all comments should be provided
in an IBM compatible format using Word or Acrobat Reader via e-mail to
[**diana.lee@fcc.gov**](../diana.lee@fcc.gov).

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, Natek, 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, SW, Washington, D.C. 20554.
>
> -All filings must be addressed to the Commission\'s Secretary, Office
> of the Secretary, Federal Communications Commission.

Filings and comments are available for public inspection and copying
during regular business hours at the FCC Reference Center, Portals II,
445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202)
418-0270. They may also be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, telephone 1(800) 378-3160 or (202)
863-2893, facsimile (202) 863-2898, or via e-mail at
**joshir@erols.com.**

Comments and reply comments must include a short and concise summary of
the substantive arguments raised in the pleading. Comments and reply
comments must also comply with section 1.48 and all other applicable
sections of the Commission's rules.[^7] We direct all interested parties
to include the name of the filing party and the date of the filing on
each page of their comments and reply comments. All parties are
encouraged to utilize a table of contents, regardless of the length of
their submission.

For further information, contact Trent Harkrader, (202) 418-2955,
**[trent.harkrader@fcc.gov]{.underline}**, or Diana Lee, (202) 418-0843,
**[diana.lee@fcc.gov]{.underline}**, of the Investigations and Hearings
Division, Enforcement Bureau.

Action by the Chief, Investigations and Hearings Division, Enforcement
Bureau.

[^1]: *Application 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*, Memorandum Opinion and Order, 15 FCC Rcd 14032 (2000)
    ("*Merger Order*"). The Enforcement Bureau is also seeking comment
    on a similar request by SBC with respect to the SBC/Ameritech Merger
    audit requirements in CC Docket No. 98-141. *See* Public Notice,
    "Enforcement Bureau Seeks Comment on SBC's Request to Discontinue
    Audit of SBC's Compliance with Merger Conditions," DA 04-2092 (rel.
    July 13, 2004).

[^2]: *See* Letter from Jeffrey W. Ward, Senior Vice President,
    Regulatory Compliance, Verizon, to William H. Davenport, Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, dated April 28, 2004 ("*Verizon
    Request*") (attached to this Public Notice). Pursuant to the
    Bureau's request, Verizon supplemented its request with a filing on
    June 22, 2004, providing additional information regarding the
    conditions that sunset after December 31, 2004. *See* Letter from
    Sara Cole, Associate Director, Federal Regulatory Advocacy, Verizon,
    to William H. Davenport, Chief, Investigations and Hearings
    Division, Enforcement Bureau, Federal Communications Commission,
    dated June 22, 2004 (attached to this Public Notice).

[^3]: *Merger Order*, 15 FCC Rcd at 14190-93, ¶¶ 336-342 (Appendix D, 15
    FCC Rcd at 14327-28, ¶ 56). *See also* *Delegation of Additional
    Authority to the Enforcement Bureau,* 17 FCC Rcd 4795 (2002)
    (delegating authority to the Enforcement Bureau to carry out
    merger-related audit and compliance tasks).

[^4]: 47 C.F.R. §§ 1.1200(a), 1.1206.

[^5]: 47 C.F.R. § 1.1206(b).

[^6]: 47 C.F.R. §§ 1.415, 1.419.

[^7]: *See* 47 C.F.R. § 1.49.