**DA-02-2065**

**Released: August 21, 2002**

**COMMENTS REQUESTED IN CONNECTION WITH QWEST'S SECTION 271 APPLICATION
FOR COLORADO, IDAHO, IOWA, NEBRASKA & NORTH DAKOTA**

**WC Docket No. 02-148**

Comments: August 28, 2002

Reply Comments: August 30, 2002

On August 20, 2002, the Commission received the attached *ex parte*
filing from Qwest in the above-referenced docket. Throughout this
proceeding, parties have raised numerous concerns regarding unfiled
agreements between Qwest and competitive LECs. In response, Qwest states
that it will file certain agreements, described in the attached *ex
parte*, with the relevant state commissions. Qwest also states that it
will post these agreements on the web site it uses to provide notice to
competitive LECs and announce the immediate availability of the
effective interconnection-related terms and conditions in the relevant
states.  Qwest states that this will facilitate the ability of
competitive LECs to request terms and conditions prior to the state
commissions' decisions approving the agreements.

We now seek comment on this *ex parte* filing. We have established a
short comment period due to the imminent deadline for ruling on Qwest's
application. Without deciding what reliance, if any, the Commission will
place on this information, the Commission encourages interested parties
to respond to this evidence. We emphasize that this public notice does
not represent a decision about whether we will accord any weight to the
supplemental evidence. The Commission expects that a section 271
application, as originally filed, will include all of the factual
evidence on which the applicant would have the Commission rely in making
its determination.[^1] If parties in a section 271 proceeding choose to
submit new evidence, however, the Commission retains the discretion to
waive its procedural rules and consider the evidence,[^2] "to start the
90-day review process anew, or to accord such evidence no weight."[^3]

***Comments By Interested Third Parties***. Pursuant to our procedures
governing section 271 applications[^4] and sections 1.415 and 1.419 of
the Commission's rules, 47 C.F.R. §§ 1.415, 1.419, interested parties
may file comments on such information. Comments must be filed by
**August 28, 2002** and reply comments must be filed by **August 30,
2002**. All such filings shall refer to the Commission docket number,
**WC Docket No. 02-148**. Comments and replies may be filed using the
Commission\'s Electronic Comment Filing System (ECFS) or by filing paper
copies. [See]{.underline} [Electronic Filing of Documents in Rulemaking
Proceedings]{.underline}, 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/e-file/ecfs.html\>. 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. To get further instructions for e-mail comments, commenters
should send an 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.

If a party chooses to file comments or replies by paper, an original and
four copies must be sent to Marlene H. Dortch, Secretary, Office of the
Secretary, Federal Communications Commission, 445 12^th^ Street, SW,
CY-B402, Washington, D.C., 20554. Fifteen additional paper copies of
each comment and reply must be delivered to Janice Myles, Wireline
Competition Bureau, 445 12^th^ Street, S.W., Room 5-C327, Washington,
D.C., 20554. One copy of each paper comment and reply must be sent to
the Commission's duplicating contractor, Qualex International, Portals
II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554.

All filings must contain the docket or rulemaking number that appears in
the caption of this proceeding. If more than one docket or rulemaking
number appears in the caption, commenters must submit two additional
copies for each additional docket or rulemaking number. 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, Vistronix, 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. The filing hours at this location are 8 am.
to 5:30 p.m. First-class U.S. Postal Service mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street, SW, Washington,
D.C. 20554. All filings must contain the Docket Number, and must be
addressed to the Commission\'s Secretary, Office of the Secretary,
Federal Communications Commission.

In accordance with the Commission's earlier Public Notice announcing
that hand-delivered or messenger-delivered filings are no longer
accepted at the Commission's headquarters, **hand-delivered or
messenger-delivered filings must be delivered to 236 Massachusetts
Avenue, NE, Suite 110, Washington, DC 20002.**[^5]

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>.

+----------------------------------+-----------------------------------+
| **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, DC 20002              |
|                                  |                                   |
|                                  | (8:00 a.m. to 7:00 p.m.)          |
+----------------------------------+-----------------------------------+
| Commercial overnight mail (other | 9300 East Hampton Drive,          |
| than United States Postal        |                                   |
| Service Express Mail and         | Capitol Heights, MD 20743         |
| Priority Mail)                   |                                   |
|                                  | (8:00 a.m. to 5:30 p.m.)          |
+----------------------------------+-----------------------------------+
| United States Postal Service     | 445 12^th^ Street, SW             |
| first-class mail, Express Mail,  |                                   |
| and Priority Mail                | Washington, DC 20554              |
+----------------------------------+-----------------------------------+

**Parties are strongly encouraged to file comments and replies
electronically using the Commission's Electronic Comment Filing System
(ECFS). Parties are also requested to send a courtesy copy of their
comments and replies via email to:** <gremondi@fcc.gov>;
<eyockus@fcc.gov>, <mcarowit@fcc.gov>, <ccarpino@fcc.gov>,
<meredyth@usdoj.gov>, <jjewel@puc.state.id.us>,
<penny.baker@iub.state.ia.us>, <cpost@mail.state.ne.us>,
<pjf@oracle.psc.state.nd.us>, **and** <bruce.smith@dora.state.co.us>.

Wireline Competition Bureau Contacts: Michael Carowitz (202) 418-0026

Cathy Carpino (202) 418-1593

[^1]: *See* Application of Ameritech Michigan Pursuant to Section 271 of
    the Communications Act of 1934, as amended, To Provide In-Region,
    InterLATA Services in Michigan, Memorandum Opinion and Order, 12 FCC
    Rcd 20543, 20570, para. 49 (1997), *writ of mandamus issued sub nom.
    Iowa Utils. Bd. V. FCC,* No. 96-3321 (8^th^ Cir. Jan. 22, 1998)
    (*Ameritech Michigan Order*); *Procedures for Bell Operating Company
    Applications Under New Section 271 of the Communications Act*,
    Public Notice, 11 FCC Rcd 19708, 19711 (Dec. 6, 1996); *Revised
    Comment Schedule for Ameritech Michigan Application, as amended, for
    Authorization under Section 271 of the Communications Act to Provide
    In-Region, InterLATA Service in the State of Michigan*, Public
    Notice, DA 97-127 (Jan. 17, 1997); *Revised Procedures for Bell
    Operating Company Applications Under Section 271 of the
    Communications Act*, Public Notice, 13 FCC Rcd 17457 (Sept. 19,
    1997); *Updated Filing Requirements for Bell Operating Company
    Applications Under Section 271 of the Communications Act*, Public
    Notice, DA-99-1994 (Sept. 28, 1999) (collectively "271 Procedural
    Public Notices").

[^2]: *See* section 1.3 of the Commission's rules, 47 C.F.R. § 1.3.

[^3]: *Ameritech Michigan Order* at 20575, para. 57; Application of Bell
    Atlantic New York for Authorization Under Section 271 of the
    Communications Act To Provide In-Region, InterLATA Service in the
    State of New York, Memorandum Opinion and Order, 15 FCC Rcd 3953,
    3968, para. 34 (1999).

[^4]: *See* 271 Procedural Public Notices.

[^5]: *See* Public Notice, FCC Announces New Filing Location for Paper
    Documents, DA 01-2919 (rel. December 14, 2001).