PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
   WASHINGTON, D.C. 20554
      News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov
                                                                                                        DA 98-1506
                                                       NSD-L-98-99
                                                                                          Released:  July 28, 1998
  REQUEST BY BELL ATLANTIC-WEST VIRGINIA FOR INTERIM RELIEF UNDER SECTION 706,
          OR, IN THE ALTERNATIVE, A LATA BOUNDARY MODIFICATION
                       Pleading Cycle Established
COMMENTS:                August 10, 1998
REPLY COMMENTS:    August 15, 1998
          On July 23, 1998, Bell Atlantic-West Virginia (Bell Atlantic) filed a request for
emergency relief to allow Bell Atlantic to provide the State of West Virginia with "high-
speed connections to the Internet."  Bell Atlantic requests the Commission to grant this relief
pursuant to section 706(a), or, in the alternative, as a modification to the Local Access and
Transport Areas (LATAs) boundaries in West Virginia and Pennsylvania.  In its petition,
Bell Atlantic claims that it, and the State of West Virginia, have been unable to find one or
more long distance carriers that are willing to provide high-speed links to connect the State
of West Virginia's public Internet Access Point to the closest public or private Internet access
point across the border in Pennsylvania.  Bell Atlantic further claims that, for the past six
months, no incumbent Internet backbone provider has agreed to provide an end-to-end link,
and that the only provider offering to provide part of one link failed to meet several prior
commitments.
Bell Atlantic states the consequences to West Virginia of failing to solve this "bandwidth
famine" will be severe, causing Internet access to be slowed or blocked at every public
institution.  According to Bell Atlantic, more than 150 K-12 schools, which already have
announced plans to upgrade existing internet connections from 56 Kbps to 1.5 Mbps, may
delay or cancel their upgrade plans.  Bell Atlantic also asserts that state higher education
institutions may postpone or cancel plans to establish high-speed access to the West Virginia
2001 network, a joint Bell Atlantic/West Virginia communications infrastructure.
Bell Atlantic requests emergency authority to provide high capacity computer-to-computer
links between LATAs within West Virginia and between West Virginia and the nearest
Internet Access Points in Pittsburgh and Richmond.   Bell Atlantic argues that the
Commission  has such authority pursuant to the directive in section 706 of the Act that the
Commission may encourage the deployment of advanced telecommunications capability
through, inter alia, regulatory forbearance.  In the alternative, Bell Atlantic argues that the
Commission may grant the requested relief as a LATA boundary modification pursuant to
section 3(25) of the Act.
Pursuant to 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 before August 10, 1998, and reply comments on or
before August 15, 1998.  Comments and reply comments should reference File No. NSD-L-
98-99.  Commenting parties are specifically requested to comment on the Commission's legal
authority to grant the relief requested by Bell Atlantic.  Such comments should address, but
not be limited to, Commission authority under section 706(a), section 3(25), section 10(d),
and any other relevant section of the Communications Act, as amended.
Comments may be filed using the Commission's Electronic Comment Filing System (ECFS)
or by filing paper copies.  See Electronic Filing of Documents in Rulemaking Proceedings, 63
Fed. Reg. 24,121 (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, Postal Service mailing address,
and the applicable docket or rulemaking number.  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 who choose to file by paper must file an original and four copies of each filing.
If more than one docket or rulemaking number appear in the caption of this proceeding,
commenters must submit two additional copies for each additional  docket or rulemaking
number.  All filings must be sent to the Commission's Secretary,  Magalie Roman Salas,
Office of the Secretary, Federal Communications Commission,  1919 M St. N.W., Room 222,
Washington, D.C. 20554.  Additionally, two copies of the comments should also be sent to Al
McCloud, Network Services Division, Common Carrier Bureau, 2000 M Street, N.W., Room
235, Washington, D.C. 20554.
Copies of the Bell Atlantic request and responsive comments will be available for public
inspection at the Commission's Common Carrier Bureau, Network Services Division, Room
235, 2000 M Street, N.W., Washington, D.C., Monday through Thursday, 8:30 to 3:00 PM
(closed 12:30 to 1:30 PM).
For further information, contact Gregory Cooke or David Ward, of the Common Carrier
Bureau, Network Services Division, at (202) 418-2320.
                    -FEDERAL COMMUNICATIONS COMMISSION-