> **DA 02-1859**

RELEASED: July 31, 2002

**WIRELINE COMPETITION BUREAU SEEKS COMMENT ON**

**VERIZON PETITION FOR EMERGENCY DECLARATORY AND OTHER RELIEF**

**WC DOCKET NO. 02-202**

**COMMENTS DUE: August 15, 2002**

**REPLY COMMENTS DUE: August 22, 2002**

On July 24, 2002, Verizon filed a pleading styled as a "Petition for
Emergency Declaratory and Other Relief," in which it asks the Commission
to provide "clear guidelines" to the industry that will allow carriers
to protect their ability to obtain payment for services they render to
other companies. Specifically, Verizon asks the Commission to: (1) allow
carriers to revise tariffs to ensure against nonpayment; (2) support
independent local exchange carriers' efforts in the bankruptcy courts to
obtain adequate assurance of payment for service rendered to customers
in bankruptcy; (3) ensure that purchasers of bankrupt carriers' existing
service arrangements comply with the cure requirements of bankruptcy
law; and (4) direct competitive local exchange carriers to provide the
information necessary to coordinate carrier-to-carrier transfers.

We note that some of the issues raised by Verizon are being addressed in
other Commission proceedings. Specifically, issues raised by Verizon
regarding tariff provisions are being considered as part of a review of
tariff changes filed by Verizon and other parties.[^1] Issues raised by
Verizon regarding cure requirements applicable to carriers in bankruptcy
are being considered as part of a review of a petition for declaratory
ruling filed by Winstar Communications, LLC,[^2] and a counter-petition
for declaratory ruling previously filed by Verizon.[^3] To the extent
parties have already addressed the substantive issues raised in the
instant Verizon petition in these other proceedings, they should only
update their comments in this proceeding. Moreover, parties should note
that our solicitation of comments in this proceeding will not preclude
us from resolving these other proceedings prior to the completion of the
comment cycle in this docket.

The Bureau seeks comment on Verizon's Petition for Emergency Declaratory
Relief. Interested parties may file, by paper or electronically,
comments concerning this matter on or before **August 15, 2002** and
reply comments on or before **August 22, 2002**. All filings must
reference **WC Docket No. 02-202.** If filing paper copies, send an
original and seven (7) copies to the Commission Secretary, Marlene H.
Dortch, Portals II, 445 12^th^ Street, SW, Room TW-B204, Washington, DC
20554 and two copies to Janice M. Myles, Competition Policy Division,
Portals II, 445 12^th^ Street, SW, Room 5-C327, Washington, DC 20554. A
courtesy copy should also be addressed to 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>.

Comments may also be filed using the Commission's Electronic Comment
Filing System ("ECFS"). 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}\>. If using this
method, please reference the Docket number, **WC Docket No. 02-202**, in
the Proceeding block. In completing the transmittal screen, commenters
should include their full name, postal service mailing address, and the
applicable docket or rulemaking number(s). Generally, 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 e-mail to ecfs@fcc.gov,
including "get form\<your e-mail address\>" in the body of the message.
A sample form and directions will be sent in reply. After filing your
comments electronically, please send an e-mail to Janice M. Myles,
<jmyles@fcc.gov>, indicating that comments have been filed.

This is a "permit-but-disclose" proceeding for purposes of the
Commission\'s *ex parte* rules.[^4] As a "permit but disclose"
proceeding, *ex parte* presentations will be governed by the procedures
set forth in section 1.1206 of the Commission's rules applicable to
non-restricted proceedings.[^5] Parties making oral *ex parte*
presentations are reminded that memoranda summarizing the presentation
must contain a summary of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one or two
sentence description of the views and arguments presented is generally
required.[^6] Other rules pertaining to oral and written presentations
are set forth in section 1.1206(b) as well.

A copy of the petition will be 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. A copy of the petition may also be found by searching the ECFS at
<http://www.fcc.gov/e-file/ecfs.html> (insert 02-202 into the Proceeding
block).

For further information contact Janice M. Myles, <jmyles@fcc.gov>,
Competition Policy Division, Wireline Competition Bureau, (202)
418-1580, or Pamela Arluk, <parluk@fcc.gov>, Competition Policy
Division, Wireline Competition Bureau, (202) 418-1471.

\- **FCC** -

[^1]: Verizon Telephone Companies, Tariff FCC Nos. 1, 11, 14, and 16,
    Transmittal No. 226 (July 25, 2002).

[^2]: In the Matter of Winstar Communications, LLC's Emergency Petition
    for Declaratory Ruling Regarding ILEC Obligations to Continue
    Providing Services, *Public Notice*, WC Docket No. 02-80 (rel. April
    19, 2002).

[^3]: In the Matter of Verizon's Emergency Counter-Petition for
    Declaratory Ruling Regarding ILEC Obligations to Continue Providing
    Services, *Public Notice*, WC Docket No. 02-80 (rel. May 3, 2002).

[^4]: *See* *generally* 47 C.F.R. §§ 1.1200 - 1.1216.

[^5]: 47 C.F.R. § 1.1206.

[^6]: 47 C.F.R. § 1.1206(b)(2).