**DA 03-1019**

**March 28 2003**

**COMMENTS REQUESTED ON THE APPLICATION BY QWEST COMMUNICATIONS
INTERNATIONAL, INC. FOR AUTHORIZATION TO PROVIDE IN-REGION, INTERLATA
SERVICES IN THE STATE OF MINNESOTA**

**WC DOCKET NO. 03-90**

**Comments: April 17, 2003**

**Reply Comments: May 8, 2003**

On March 28, 2003, Qwest Communications International, Inc. (Qwest)
filed an application for authorization to provide in-region, interLATA
service in the state of Minnesota, 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 Qwest'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 Qwest Communications International, Inc., Pursuant to
Section 271 of the Telecommunications Act of 1996 for Authorization To
Provide In-Region, InterLATA Services in Minnesota*, Protective Order,
DA 03-1020 (WCB rel. March 28, 2003), that establishes the conditions
under which access will be made available to confidential documents
submitted in this proceeding by Qwest or any other party.

***Comments By Interested Third Parties***. Comments by interested third
parties in support of or in opposition to Qwest's application must be
filed on or before April 17, 2003, 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.[^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**](mailto: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.

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 will be 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 to   |
|                                  | 7:00PM)                           |
+----------------------------------+-----------------------------------+
| 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         | (8:00AM. to 5:30 PM.)             |
| 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**:
<jmyles@fcc.gov>; <gremondi@fcc.gov>; <gcohen@fcc.gov>;
<ryan.harsch@usdoj.gov>;; and <mnpuc.qwest271@state.mn.us>

***Minnesota Commission and Department of Justice Written
Consultations***. The Minnesota Public Utilities Commission (Minnesota
Commission) must file any written consultation on or before April 17,
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 May 2, 2003. Because the Minnesota
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 Minnesota Commission, and the Department
of Justice -- may file a reply to any comment filed by any other
participant on or before May 8, 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 Gary
Remondino, Wireline Competition Bureau, 445 12^th^ Street, S.W., Room
5-C143, 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**: <jmyles@fcc.gov>;
<gremondi@fcc.gov>; <gcohen@fcc.gov> , <ryan.harsch@usdoj.gov>; and
<mnpuc.qwest271@state.mn.us>

***Treatment of Confidential Information*.** To the extent a submission
by any party (including the applicant, the Department of Justice, the
Minnesota 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. Three sets of
the confidential and redacted submissions should also be delivered to
Gary Remondino, Competition Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12^th^ Street, S.W., Room
5-C143, Washington, DC 20554.

All questions relating to access to confidential information submitted
by Qwest should be directed to C. Jeffrey Tibbels, Hogan & Hartson, 555
13^th^ Street, N.W., Washington D.C. 20004. Telephone (202) 637-6968,
Fax: (202) 637-5910, <cjtibbels@hhlaw.com>.

***Availability of Information.*** A wide range of information relating
to Qwest's section 271 application for Minnesota 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 application, and the record
generated in response thereto, may be obtained from the Commission's
copy contractor.

Moreover, Qwest 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://www.qwest.com/about/policy/ldReentry/Fed271/.

***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-C143, Washington D.C. 20554. **Parties are
also requested to send a courtesy copy of *ex parte* submissions via
email to:** <jmyles@fcc.gov>; <gremondi@fcc.gov>; <gcohen@fc.gov>;
<ryan.harsch@usdoj.gov>; <mnpuc.qwest271@state.mn.us>;

For purposes of this proceeding, oral *ex parte* presentations from the
Department of Justice or the Minnesota 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 Minnesota 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 Minnesota 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.[^11]

***Ex Parte Meeting Schedule.*** The Wireline Competition Bureau staff
will be available for meetings on April 15-16, 2003 and May 7, 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, Qwest'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 Janice Myles, Competition Policy
Division, Wireline Competition Bureau at (202) 418-1577 or Gary
Remondino, Competition Policy Division, Wireline Competition Bureau at
(202) 418-2298. Aside from the meetings listed above, *ex parte*
meetings related to this proceeding will occur only at the request of
Bureau staff.

### [Calendar]{.underline}

***Ex Parte* Meetings related to Comments: April 15-16, 2003**

**Comments Due: April 17, 2003**

**Minnesota Commission Comments Due: April 17, 2003**

**U.S. Department of Justice Evaluation Due: May 2, 2003**

***Ex Parte* Meetings related to Reply Comments: May 7, 2003**

**Reply Comments Due: May 8, 2003**

**Statutory Deadline: June 26, 2003**

By the Wireline Competition Bureau.

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

Wireline Competition Bureau Contact: Gail Cohen \-- (202) 418-0939

[^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 Gary Remondino at
    (202) 418-2298 or Janice Myles at (202) 418-1577 as soon as
    possible.

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

[^4]: Please forward copies to the attention of: (1) Burl Haar,
    Executive Secretary, 121 7^th^ Place E, Suite 350, St Paul Minnesota
    55101-2147, email: <burl.haar@state.mn.us> ; (2) Ryan Harsch, U.S.
    Department of Justice, Antitrust Division, Telecommunications and
    Media Enforcement Section, 1401 H St., N.W., Suite 8000, Washington,
    DC 20530, email: ryan.harsch@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 Qwest shall be addressed to: Yaron Dori,
    Hogan & Hartson, 555 13^th^ Street, N.W. Washington, D.C. Telephone
    (202) 637-5458, Fax (202) 637-5910.

[^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.