**DA 02-2153**

**September 4, 2002**

**COMMENTS REQUESTED IN CONNECTION WITH VERIZON'S SECTION 271 JOINT
APPLICATION FOR NEW HAMPSHIRE AND DELAWARE**

**WC Docket No. 02-157**

Comments Due: September 10, 2002

On August 30, 2002, the Commission received the attached written *ex
parte* presentation from Verizon in the above-referenced docket
proposing a significant reduction in Verizon's Delaware switching rates.
In the course of this proceeding, the parties have raised concerns
regarding Verizon's Delaware switching rates and whether they fall
within a reasonable TELRIC range. Verizon relied in its application on
the Delaware Public Service Commission's proceeding adopting Verizon's
switching rates, and on a federal district court decision finding that
the rates satisfied the TELRIC standard.[^1] During the course of this
proceeding, Verizon volunteered to reduce its switching rates, "to
eliminate any possible argument that these rates exceed the TELRIC
range."[^2] According to Verizon, these reduced rates are effective
immediately. Verizon now relies on these reduced switching rates as
evidence to demonstrate that its aggregate non-loop rates, which include
switching rates, pass a benchmark comparison to New York non-loop rates,
and, therefore, fall within a reasonable TELRIC range. We now seek
comment on whether these reduced rates fall within the range that
reasonable application of TELRIC principles would produce. We have
established a short comment period due to the imminent deadline for
ruling on Verizon's application.

Without deciding what reliance, if any, the Commission will place on
Verizon's supplemental evidence, 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.[^3] 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,[^4] to start the 90-day review process
anew, or to accord such evidence no weight.[^5]

***Comments By Interested Third Parties***. Pursuant to our procedures
governing section 271 applications[^6] 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 10, 2002**. All such filings shall refer to the Commission
docket number, **WC Docket No. 02-157**. 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.

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>;
<twilson@fcc.gov>, <hthagger@fcc.gov>, <vschlesi@fcc.gov>,
<laura.starling@usdoj.gov>, <Benjamin.brown2@usdoj.gov>,
<david.arulanantham@usdoj.gov>, <connie.mcdowell@state.de.us>,
<bjackson@puc.state.nh.us>, <tgetz@puc.state.nh.us>, and
<qualexint@aol.com>.

Wireline Competition Bureau Contacts: Henry Thaggert (202) 418-7941

\- FCC -

[^1]: Verizon Application at 64-68 & Appen. A, Vol. 5, Joint Declaration
    of Joshua W. Martin, II, Patrick A. Garzillo, and Gary Sanford at
    4-10, paras. 15-29.

[^2]: Attached *ex parte* presentation at 1.

[^3]: *See Joint Application by SBC Communications Inc., Southwestern
    Bell Tel. Co., and*

    *Southwestern Bell Communications Services, Inc., d/ b/ a
    Southwestern Bell Long Distance for Provision of In- Region,
    InterLATA Services in Kansas and Oklahoma,* Memorandum Opinion and
    Order, 16 FCC Rcd 6237, 6247- 50, paras. 21- 27 (2001), *aff'd in
    part, remanded in part sub nom. Sprint Communications Co. v. FCC*,
    274 F. 3d 549 (D.C. Cir. 2001) (*SWBT Kansas/ Oklahoma Order*);
    *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)(*Ameritech Michigan Order*);
    *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).

[^4]: *See* 47 C.F.R. § 1.3.

[^5]: *See SWBT Kansas/Oklahoma Order*, 16 FCC Rcd at 6247-50, paras.
    21-27; *Ameritech Michigan Order,* 12 FCC Rcd at 20571-76, paras.
    49-59; *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, 3968-69, paras. 34-37 (1999).

[^6]: *See* 271 Procedural Public Notices.