**DA 02-2129**

**Released: August 29, 2002**

**COMMENTS REQUESTED IN CONNECTION WITH**

**QWEST'S PENDING SECTION 271 APPLICATIONS**

**WC Docket Nos. 02-148 and 02-189**

Comments Due: September 4, 2002

On August 28, 2002, August 26, 2002, and August 20, 2002, the Commission
received the attached *ex parte* filings from Qwest Communications
International Inc. ("Qwest") in the above-referenced dockets.[^1] These
*ex parte* filings revise certain declarations, contained in Qwest's
section 271 applications, addressing Qwest's compliance with section 272
and the Commission's implementing rules. Specifically, the revised
declarations and the associated *ex parte* filings concern the ability
of Qwest to certify that its financial statements are accounted for in
accordance with Generally Accepted Accounting Principles ("GAAP").[^2]

We now seek comment on these *ex parte* filings. We have established a
short comment period due to the imminent deadline for ruling on Qwest's
application in WC Docket No. 02-148.[^3] 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.[^4] 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,[^5] "to start the 90-day review process anew, or
to accord such evidence no weight."[^6]

***Comments By Interested Third Parties***. Pursuant to our procedures
governing section 271 applications[^7] 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
**September 4, 2002**. We waive section 1.45 of the Commission\'s rules
insofar as it permits reply comments. All such filings shall refer to
the Commission docket numbers, **WC Docket Nos. 02-148 and 02-189**.
Comments 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 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 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 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.**[^8]

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 electronically using
the Commission's Electronic Comment Filing System (ECFS). Parties are
also requested to send a courtesy copy of their comments via email to:**
<gremondi@fcc.gov>; <eyockus@fcc.gov>, <mcarowit@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

Michael Engel (202) 418-1516.

[^1]: Letter from Douglas A. Klein, Attorney for Qwest Communications
    International Inc., to Marlene H. Dortch, Secretary, Federal
    Communications Commission, CC Docket Nos. 02-148 and 02-189 (filed
    August 28, 2002) (Qwest August 28 *Ex Parte* Letter); Letter from R.
    Steven Davis, Senior Vice President, Policy and Law, Qwest, to
    Marlene H. Dortch, Secretary, Federal Communications Commission, CC
    Docket Nos. 02-148 and 02-189 (filed August 26, 2002) (Qwest August
    26 *Ex Parte* Letter); Letter from Oren G. Shaffer, Vice Chairman
    and Chief Financial Officer, Qwest Communications International
    Inc., to Marlene H. Dortch, Secretary, Federal Communications
    Commission, CC Docket Nos. 02-148 and 02-189 (filed August 20, 2002)
    (Qwest August 20 *Ex Parte* Letter).

[^2]: Qwest August 20 *Ex Parte* Letter at 2.

[^3]: Comments addressing Qwest's *ex parte* filings should be submitted
    in both of the above-referenced dockets.

[^4]: *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").

[^5]: *See* section 1.3 of the Commission's rules, 47 C.F.R. § 1.3.

[^6]: *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).

[^7]: *See* 271 Procedural Public Notices.

[^8]: *See* Public Notice, FCC Announces New Filing Location for Paper
    Documents, DA 01-2919 (rel. December 14, 2001).