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

**Federal Communications Commission**

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

**Washington, D.C. 20554**

**DA 01-1486**

**June 21, 2001**

**COMMENTS REQUESTED ON THE APPLICATION**

**BY VERIZON PENNSYLVANIA, INC.**

**FOR AUTHORIZATION UNDER SECTION 271 OF THE COMMUNICATIONS ACT**

#  TO PROVIDE IN-REGION, INTERLATA SERVICE IN THE STATE OF PENNSYLVANIA

**(CC DOCKET NO. 01-138)**

On June 21, 2001, Verizon Pennsylvania, Inc., Inc.,Verizon Long
Distance, Verizon Enterprise Solutions, Verizon Global Networks Inc.,
and Verizon Select Services, Inc. (collectively, Verizon) filed an
application for authorization to provide in-region, interLATA service in
the State of Pennsylvania, pursuant to section 271 of the Communications
Act of 1934, as amended (the Act), 47 U.S.C. § 271. This Public Notice
establishes certain procedural requirements relating to consideration of
Verizon's application. The Commission recently updated its 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 that Public Notice is attached hereto. Also attached is a
protective order adopted today, *Application of Verizon, Inc. Pursuant
to Section 271 of the Telecommunications Act of 1996 to Provide
In-Region, InterLATA Services in Pennsylvania,* Protective Order, DA
01-1487 (CCB rel. June 21, 2001), 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 **July 11, 2001**, 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 Magalie
Roman Salas, Secretary, Office of the Secretary, Federal Communications
Commission, 445 12^th^ Street, S.W., TW-B204, Washington D.C. 20554. In
addition, 12 copies of each comment must be delivered to Janice Myles,
Common Carrier Bureau, 445 12^th^ Street, S.W., Room 5-C327, Washington,
D.C., 20554, ATTN: Docket No. 01-100, and one copy to International
Transcription Service (ITS), 445 12^th^ Street, S.W., Room CY-314,
Washington D.C., 20554. In addition to filing paper comments, parties
may also file comments using the Commission's Electronic Comment Filing
System (ECFS). *See* Electronic Filing of Document in Rulemaking
Proceedings, 63 Fed Reg. 24, 121 (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]{.underline}. Generally, only one
copy of an electronic submission must be filed. In completing the
transmittal screen, commenters should include their full name, postal
mailing address, and the applicable docket or rulemaking number. Parties
may also submit an electronic comment by the Internet 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.

***State Commission and Department of Justice Written Consultations***.
The Pennsylvania Public Utilities Commission (Pennsylvania PUC) must
file any written consultation on or before Jul**y 11, 2001**. 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 26, 2001**. Because the Pennsylvania PUC 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 Pennsylvania PUC, and the Department of
Justice -- may file a reply to any comments filed by any other
participant on or before **August 6, 2001**. Reply comments may not
exceed 50 pages, unless parties request additional pages to address
state-specific circumstances, as described above in footnote 2. An
original and four copies of all reply comments must be filed with
Magalie Roman Salas, Secretary, Office of the Secretary, Federal
Communications Commission, 445 12^th^ Street, S.W., TW-B204, Washington
D.C. 20554. In addition, 12 copies of each reply comment must be
delivered to Janice Myles, Common Carrier Bureau, 445 12^th^ Street,
S.W., Room 5-C327, Washington, D.C., 20554, ATTN: Docket No. 01-100, and
one copy to International Transcription Service (ITS), 445 12^th^
Street, S.W., Room CY-B402, Washington D.C., 20554.

***Treatment of Confidential Information*.** To the extent a submission
by any party (including the applicant, the Department of Justice, the
relevant state 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 delivered in person to Magalie Roman Salas,
Secretary, 445 12^th^ Street, S.W., Room TW-B-204; or, in her absence,
to William F. Caton, Deputy Secretary, at the same address. Each
redacted filing must also be submitted on a read-only CD-ROM[^4]
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, Policy and Program Planning Division, Common Carrier
Bureau, 445 12^th^ Street, S.W., Room 5-C224.**

All questions relating to access to confidential information submitted
by Verizon should be directed to Steven McPherson, Verizon, 1320 North
Courthouse Road, Eighth Floor, Arlington, VA 22201, 703-974-2808.

***Availability of Information.*** A wide range of information relating
to Verizon's section 271 application for Pennsylvania may be retrieved
from the Commission's World Wide Web site at
[http://www.fcc.gov](http://www.fcc.gov/).[^5] Specific information,
such as comments and *ex parte* submissions, may be obtained from the
Electronic Comment Filing System (ECFS), which is accessible through the
Commission's website. Moreover, Verizon has voluntarily agreed to post
several 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-A-257, 445 12^th^ Street, S.W.,
Washington, DC. 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.[^6]
Accordingly, *ex parte* presentations will be permitted, provided they
are disclosed in conformance with the Commission's *ex parte* rules.[^7]
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 Susan Pié, 445 12^th^ Street, S.W. Room 5-C224, Washington D.C.
20554 with courtesy copies of any *ex parte* presentations made to any
member of the Commission.

In recognition of the burden placed on all parties by the 90-day
statutory timeframe, Verizon has voluntarily agreed to post (within 24
hours of filing) a copy of each *ex parte* submission it files with the
Commission in this docket on the World Wide Web at its website:
[http//newscenter.verizon.com/policy]{.underline}. 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.[^8]

For purposes of this proceeding, any oral *ex parte* presentations from
the Department of Justice and the Pennsylvania PUC 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 Pennsylvania PUC -- 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 Pennsylvania PUC.[^11]

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 Common Carrier Bureau will be
available for meetings on July 2-3, 2001 and July 30 - August 1, 2001,
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 Susan Pié, Policy and Program
Planning Division, 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: July 2-3, 2001**

**Comments Due: July 11, 2001**

**State Commission Comments Due: July 11, 2001**

**U.S. Department of Justice Evaluation: July 26, 2001**

***Ex Parte* Meetings related to Reply Comments: July 30 -- August 1,
2001**

**Reply Comments Due: August 6, 2001**

**Statutory Deadline: September 19, 2001**

By the Common Carrier Bureau.

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

Common Carrier Bureau contact: Robert S. Tanner \-- (202) 418-1535

[^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]: Parties anticipating that they may require additional pages for
    comments or reply comments are asked to contact Susan Pié,
    FCC/Policy Division at (202) 418-1443 as soon as possible, but in no
    event later than July 11, 2001 (for comments) and no later than
    August 6, 2001 (for reply comments).

[^3]: Please forward copies to the attention of: (1); James J. McNulty,
    Secretary, Pennsylvania Public Utility Commission, Commonwealth
    Keystone Building, 400 North Street, Harrisburg, PA 17120 and (2)
    Kelly Trainor, U.S. Department of Justice, Antitrust Division,
    Telecommunications Task Force, 1401 H St., NW, Suite 8000,
    Washington, DC 20005.

[^4]: If filing on CD-ROM is not possible, applicants may file on a
    3.5inch computer diskette.

[^5]: 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.

[^6]: *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).

[^7]: *See* 47 C.F.R. §§ 1.1202, 1.1206(b). Interested parties are to
    file with the Secretary of the Commission and serve Susan Pié,
    Policy and Programming Planning Division, Common Carrier Bureau,
    Federal Communications Commission, Rm. 5-C224 445 Twelfth St., S.W.,
    Washington, DC 20554, and ITS, Inc., 445 12^th^ St., S.W., Room
    CY-B402 Washington, DC 20554, with copies of written *ex parte*
    presentations in these proceedings in accordance with the
    Commission's *ex parte* rules.

[^8]: Copies of *ex parte* submissions delivered to Verizon shall be
    addressed to: Ann Berkowitz, 1300 I Street N.W., Suite 400 West,
    Washington, DC 20005. Fax (202) 336-7922, Telephone: (202) 515-2539.

[^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(a).

[^12]: *See id.* §§ 1.1200; 1.1203.