**PUBLIC NOTICE**

**Federal Communications Commission**

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

**Washington, D.C. 20554**

#  DA 02-1453

**June 20, 2002**

## COMMENTS REQUESTED ON THE JOINT APPLICATION 

**BY BELLSOUTH CORPORATION FOR AUTHORIZATION UNDER**

**SECTION 271 OF THE COMMUNICATIONS ACT TO**

**PROVIDE IN-REGION, INTERLATA SERVICE IN THE**

**STATES OF ALABAMA, KENTUCKY, MISSISSIPPI,**

**NORTH CAROLINA AND SOUTH CAROLINA**

## WC DOCKET NO. 02-150

On June 20, 2002, BellSouth Corporation, BellSouth Telecommunications,
Inc., and BellSouth Long Distance, Inc., (collectively BellSouth) filed
an application for authorization to provide in-region, interLATA service
in the States of Alabama, Kentucky, Mississippi, North Carolina and
South Carolina pursuant to section 271 of the Communications Act of
1934, as amended (the Act), 47 U.S.C. § 271. Pursuant to section 271 of
the Act, an applicant must demonstrate compliance with section 271 on a
state-by-state basis. This Public Notice establishes certain procedural
requirements relating to consideration of BellSouth's joint application.
The Commission, in a prior Public Notice, adopted 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 this earlier Public Notice is attached hereto. Also attached is a
protective order adopted today, *Application of BellSouth Corporation,
Pursuant to Section 271 of the Telecommunications Act of 1996 to Provide
In-Region, InterLATA Services in Alabama, Kentucky, Mississippi, North
Carolina and South Carolina*, Protective Order, DA 02-1454 (WCB rel.
June 20, 2002), that establishes the conditions under which access will
be made available to confidential documents submitted in this proceeding
by BellSouth or any other party.

***Comments By Interested Third Parties***. Comments by interested third
parties in support of or in opposition to BellSouth's application must
be filed on or before **July 11, 2002**, 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. Recognizing that this application covers five
states, however, the Commission retains discretion to extend the page
limit, upon request, if a commenter requires additional pages to address
circumstances specific to a particular state.[^2]

An original and four copies of all comments must be filed with Marlene
H. Dortch, Secretary, Office of the Secretary, 445 12^th^ Street, SW,
CY-B402, Washington D.C. 20554. In addition, 12 copies of each comment
must be delivered to Janice Myles, Wireline Competition Bureau, 445
12^th^ Street SW, Room 5-B145, Washington, D.C., 20554, and one copy to
Qualex International, Portals II, 445 12^th^ Street SW, Room CY-B402,
Washington D.C., 20554. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies.
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}\>.
In completing the transmittal screen, commenters should include their
full name, Postal Service mailing address, and the docket number of this
proceeding. 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**, 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.

Parties that choose to file by paper must file an original and four
copies of each, and are hereby notified that effective December 18,
2001, the Commission's contractor, Vistronix, Inc., will receive
hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at a new location in downtown Washington, D.C.
The address is **236 Massachusetts Avenue, NE,** **Suite 110,
Washington, D.C. 20002**. The filing hours at this location will be 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. This facility is the only location where hand-delivered or
messenger-delivered paper filings for the Commission's Secretary will be
accepted. Accordingly, the Commission will no longer accept these
filings at 9300 East Hampton Drive, Capitol Heights, MD 20743. In
addition, this is a reminder that, effective October 18, 2001, the
Commission discontinued receiving hand-delivered or messenger-delivered
filings for the Secretary at its headquarters location at 445 12^th^
Street, SW, Washington, D.C. 20554.

Other messenger-delivered documents, including documents sent by
overnight mail (other than United States Postal Service (USPS) Express
Mail and Priority Mail), must be addressed to 9300 East Hampton Drive,
Capitol Heights, MD 20743. This location will be open 8:00 a.m. to 5:30
p.m. The USPS first-class mail, Express Mail, and Priority Mail should
continue to be addressed to the Commission's headquarters at 445 12th
Street, SW, Washington, D.C. 20554. The USPS mail addressed to the
Commission's headquarters actually goes to our Capitol Heights facility
for screening prior to delivery at the Commission.

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

Filings and comments are also 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, D.C.,
20554. They may also be purchased from the Commission\'s duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, D.C., 20554, telephone 202-863-2893, facsimile
202-863-2898, or via e-mail **qualexint@aol.com**.

***State Commission and Department of Justice Written Consultations***.
The Alabama, Kentucky, Mississippi, North Carolina and South Carolina
state commissions must file any written consultation on or before **July
11, 2002**.[^3] 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 30, 2002**.
Because the state commissions and the Department of Justice are given
roles by statute in a section 271 proceeding, copies of all pleadings,
including comments, should be filed with those parties.[^4]

***Replies***. All participants in the proceeding \-- the applicant,
interested third parties, the State Commissions, and the Department of
Justice \-- may file a reply to any comments filed by any other
participant on or before **August 5, 2002**. Reply comments may not
exceed 50 pages, unless parties request additional pages to address
state-specific circumstances, as described above. An original and four
copies of all reply comments must be filed with the Commission
Secretary, Marlene H. Dortch, 445 12^th^ Street, SW, CY-B402, Washington
D.C., 20554. In addition, 12 copies of each reply must be delivered to
Janice Myles, Common Carrier Bureau, 445 12^th^ Street SW, Room 5-B145,
Washington, D.C., 20554, and one copy to Qualex International, Portals
II, 445 12^th^ Street SW, Room CY-B402, Washington D.C., 20554.
Effective August 28, 2001, Qualex International will begin working with
the Consumer Information Bureau's Reference Information Center (RIC) as
the official duplicating contractor.

***Treatment of Confidential Information*.** To the extent a submission
by any party (including the applicant, the Department of Justice, the
relevant state commissions 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 Marlene H. Dortch,
Secretary, 445 12^th^ Street, SW, Room TW-B-204, Washington, D.C.,
20554; at the same address. Each redacted filing must also be submitted
on a read-only CD-ROM[^5] 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, Competition Policy Division, Wireline
Competition Bureau, 445 12^th^ Street, SW, Room 5-C224, Washington,
D.C., 20554.

All questions relating to access to confidential information submitted
by BellSouth should be directed to Laura S. Brennan, 202-367-7821, at
Kellogg, Huber, Hansen, Todd & Evans, 1615 M Street, NW, Suite 400,
Washington, D.C., 20036-3209.

***Availability of Information.*** A wide range of information relating
to BellSouth's section 271 application for the subject states may be
retrieved from the Commission's World Wide Web site at
[http://www.fcc.gov](http://www.fcc.gov/).[^6] Specific information,
such as comments and *ex parte* submissions, may be obtained from the
ECFS, which is accessible through the Commission's website.

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, SW,
Washington, D.C., 20554. 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.[^7]
Accordingly, *ex parte* presentations will be permitted, provided they
are disclosed in conformance with the Commission's *ex parte* rules.[^8]
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, SW Room 5-C224, Washington D.C.
20554 with courtesy copies of any *ex parte* presentations made to any
member of the Commission.

For purposes of this proceeding, any oral *ex parte* presentations from
the Department of Justice, and the State Commissions 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, the State Commissions -- 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 State Commissions.[^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 Wireline Competition Bureau will be
available for meetings on **July 8-9, 2002** and **July 24-25, 2002**,
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 BellSouth'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 Pie, Competition Policy
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 8-9, 2002**

**Comments Due: July 11, 2002**

**State Commission Comments Due: July 11, 2002**

**U.S. Department of Justice Evaluation: July 30, 2002**

**Ex Parte Meetings related to Reply Comments: July 24-25, 2002**

**Reply Comments Due: August 5, 2002**

**Statutory Deadline: September 18, 2002**

By the Wireline Competition Bureau.

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

Wireline Competition Bureau contact: Aaron Goldberger \-- (202) 418-1591

[^1]: *See* *Updated Filing Requirements for Bell Operating Company
    Applications Under Section 271 of the Communications Act*, Public
    Notice, 16 FCC Rcd 6923 (2001) (March 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,
    Wireline Competition Bureau, at (202) 418-1443 or Aaron Goldberger
    at 418-1591 as soon as possible.

[^3]: We have asked state commissions to file written consultations on
    the same day as interested parties file comments.

[^4]: Please forward copies to the attention of: (1) John Garner,
    Administrative Law Judge, Alabama Public Service Commission, P.O.
    BOX 304260, 100 N. Union Street, RSA Union, Suite 836, Montgomery,
    AL 36104; (2) Deborah Eversole, General Counsel, Kentucky Public
    Service Commission, P.O. BOX 615, 211 Sower Boulevard, Frankfort,
    Kentucky 40602-0615; (3) Brian U. Ray, Executive Secretary,
    Mississippi Public Service Commission, P.O. BOX 1174, Jackson, MS
    39215-1174; (4) Robert H. Bennick, Jr., Director, Administrative
    Division, General Counsel, North Carolina Utilities Commission, 4325
    Mail Service Center, Raleigh, NC 27699-4325; (5) Gary E. Walsh,
    Executive Director, Public Service Commission of South Carolina, 101
    Executive Center Drive, Columbia, SC 29210; and (6) James
    Davis-Smith, U.S. Department of Justice, Antitrust Division,
    Telecommunications Task Force, 1401 H St., NW, Suite 8000,
    Washington, D.C. 20005.

[^5]: If filing on CD-ROM is not possible, applicants may file on a 3.5
    inch computer diskette.

[^6]: 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.

[^7]: *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).

[^8]: *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,
    Competition Policy Division, Wireline Competition Bureau, Federal
    Communications Commission, Rm. 5-C224, 445 12th St., S.W.,
    Washington, D.C. 20554, and Qualex International, Inc., Portals II,
    445 12th St., S.W., Room CY-B402 Washington, D.C. 20554, with copies
    of written ex parte presentations in these proceedings in accordance
    with the Commission's ex parte rules.

[^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.