Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | NSD File No. NSD-L-01-200    |
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ORDER

**Adopted: December 7, 2001 Released: December 10, 2001**

By the Common Carrier Bureau:

# INTRODUCTION

1.  In this order, we grant Verizon a limited waiver of the network
    change notification requirements in section 51.333 of the
    Commission's rules.[^1] On December 6, 2001, Verizon filed a
    petition seeking temporary authority to provide a specialized
    arrangement with IBM Corporation (IBM) for service to Bank of New
    York, an IBM customer.[^2] This waiver enables Verizon to implement
    a limited network change so that Verizon and IBM can provide
    replacement services to the Bank of New York, whose facilities were
    destroyed in the September 11, 2001 terrorist attacks on New York
    City. We note that the one affected service provider, IBM, does not
    object to the implementation of this change and we rely on Verizon's
    representations that this change will not adversely affect any
    competing service provider's performance or ability to provide
    service nor will it adversely affect Verizon's interoperability with
    any other service provider.

# BACKGROUND

2.  On November 19, 2001, Verizon filed a Certification of Public Notice
    of Short Term Network Changes pursuant to section 51.333 of the
    Commission's rules.[^3] On December 4, 2001, the Common Carrier
    Bureau released a public notice announcing receipt of Verizon's
    Certification.[^4] Section 51.333 of the Commission's rules provides
    that "short term notices shall be deemed final on the tenth business
    day after the release of the Commission's public notice, unless an
    objection is filed."[^5]

3.  On December 6, 2001, Verizon filed the instant request seeking to
    activate the proposed network change no later than December 7,
    2001.[^6] According to Verizon, the necessary upgrades to its system
    must be activated prior to expiration of the regular 10 day notice
    period.[^7] Verizon states that after the Bank of New York's
    facilities were destroyed in the September 11, 2001 terrorist
    attacks in New York City, the Bank made an agreement for temporary
    service to its backup data center in North Bergen, New Jersey and
    that this agreement will expire on December 7, 2001. [^8] IBM has
    filed a letter in support of Verizon's request for waiver.[^9]

# DISCUSSION

4.  Section 251(c)(5) of the Act and the Commisson's rules require
    incumbent LECs to provide reasonable public notice of changes in the
    information necessary for the transmission and routing of services
    using that local exchange carrier's facilities or networks, as well
    as of any other changes that would affect the interoperability of
    those facilities and networks.[^10] The Commission has stated that
    this section requires notice when an incumbent LEC makes a decision
    to implement a change that either: (1) affects competing service
    providers' performance or ability to provide service; or (2)
    otherwise affects the ability of the incumbent LEC's and a competing
    service provider's facilities or network to connect, to exchange
    information, or to use the information exchanged.[^11]

5.  Waiver of our rules is appropriate if special circumstances warrant
    a deviation from the general rule, and such deviation would better
    serve the public interest than strict adherence to the general
    rule.[^12] We find that it is appropriate to waive the ten (10) day
    notice requirement of section 51.333 in this case because of the
    special circumstances arising out of the events of September 11,
    2001[^13] and because the only party affected by this network
    change, IBM, has indicated its support.[^14] We note that Verizon
    states that its proposed network change will not adversely affect
    any competing service provider's performance or ability to provide
    service nor will it adversely affect its interoperability with any
    other service provider.[^15]

6.  We rely on Verizon\'s representations that this network change will
    only affect service to one customer. However, because in the absence
    of a waiver other parties would have until December 17, 2001 to
    comment on Verizon\'s proposed network change under our rules, we
    grant the request in part by authorizing a limited waiver for a
    period of forty-five (45) days. This will allow us to consider any
    timely filed comments before permanent authority is granted pursuant
    to section 51.333.[^16]

# Ordering CLAUSEs

7.  Accordingly, IT IS ORDERED that, pursuant to sections 1, 4(i), and
    251 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), and 251, and pursuant to sections 0.91, 0.291, and 1.3 of
    the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, Verizon's
    petition is GRANTED to the extent provided herein.

    FEDERAL COMMUNICATIONS COMMISSION

    Jeffery J. Carlisle

    Senior Deputy Chief,

    Common Carrier Bureau

[^1]: 47 C.F.R. § 51.333.

[^2]: Letter from Richard T. Ellis, Director - Federal Affairs for
    Verizon, to Jeff Carlisle, Senior Deputy Bureau Chief, Common
    Carrier Bureau, FCC (December 6, 2001) (Verizon Petition). On
    December 7, 2001 Verizon filed an amended letter in support of its
    original petition. Letter from Richard T. Ellis, Director - Federal
    Affairs for Verizon, to Jeff Carlisle, Senior Deputy Bureau Chief,
    Common Carrier Bureau, FCC (December 7, 2001) (Amended Verizon
    Petition).

[^3]: Letter from Suzanne Carmel, Manager, Regulatory Affairs for
    Verizon, to Magalie R. Salas, Secretary, FCC (November 19, 2001)
    (Verizon Certification).

[^4]: Common Carrier Bureau Network Change Notification Filed By
    Verizon, *Public Notice*, Report No. NCD-581 (CCB December 4, 2001).

[^5]: 47 C.F.R. § 51.333.

[^6]: Verizon Petition at 1-2 (stating that these changes will enable
    IBM in providing the Bank of New York with dedicated point-to-point
    services over a backbone network consisting of Dense Wave Division
    Multiplexing (DWDM) technology and diversely routed fiber
    facilities).

[^7]: *Id*.

[^8]: Verizon states that the Bank of New York is required by Federal
    Reserve Board regulations to maintain a secondary, backup data
    center.

[^9]: Letter from Edward F. Carreiro, Vice President, IBM Global
    Services, to Jeffrey Carlisle, Senior Deputy Bureau Chief, Common
    Carrier Bureau, FCC (December 6, 2001) (IBM Letter).

[^10]: 4 7 U.S.C. § 251(c)(5); 47 C.F.R. §§ 51.325 *et seq*.

[^11]: Local Competition Provisions of the Telecommunications Act of
    1996, Second Report and Order, CC Docket No. 96-96, FCC 96-333 (rel.
    Aug. 8, 1996).

[^12]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990).

[^13]: *See* Verizon Petition at 1 (explaining that the Bank of New
    York's primary data center was destroyed by the September 11, 2001
    terrorist attacks).

[^14]: Amended Verizon Petition at 2 (stating that "\[t\]he DWDM
    Multiplexing Backbone Channel offered by Verizon will not impact a
    competing service providers' performance or ability to provide
    service" and that "\[t\]he DWDM Multiplexing Backbone Channel
    equipment does not directly interface with public network
    switches"). Letter from Edward F. Carreiro, Vice President for IBM
    Global Services, to Jeffrey Carlisle, Senior Deputy Bureau Chief,
    Common Carrier Bureau, FCC (Dec. 6, 2001).

[^15]: Amended Verizon Petition at 2.

[^16]: We make clear that in the event that no parties file objections
    by December 17, 2001, Verizon's original proposed network change
    shall be deemed granted in full.