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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of) ) Bell Atlantic Telephone Companies) ) Offer of Comparably Efficient)CCBPol 96-09 Interconnection to Providers of) Internet Access Services) ORDER Adopted: September 30, 1996Released: September 30, 1996 By the Deputy Chief, Common Carrier Bureau: 1.On June 6, 1996, the Common Carrier Bureau approved the Bell Atlantic Telephone Companies' (Bell Atlantic's) plan to offer comparably efficient interconnection (CEI) for its provision of Internet Access Service (IAS). Bell Atlantic received approval of its plan, in part, by offering a tariffed service known as Internet Protocol Routing Services (IPRS). The Bureau's approval was conditioned on a requirement that Bell Atlantic file intrastate IPRS tariffs in several states, including West Virginia, by September 30, 1996. 2.On September 25, 1996, Bell Atlantic filed an emergency petition for extension of time (Emergency Petition) requesting an additional six months to file the IPRS tariff for West Virginia. For the reasons discussed below and subject to the conditions set forth in this order, we grant Bell Atlantic's petition. 3.The Commission's CEI rules, among other things, require that a carrier's CEI offering be available and fully operational on the date that it offers its corresponding enhanced service to the public. In addition, the Commission has required the Bell Operating Companies (BOCs) to notify unaffiliated enhanced service providers in advance about the impending deployment of new basic services used to provide enhanced services and to amend their Open Network Architecture (ONA) plans at least 90 days prior to the initiation of service to the public. Finally, pursuant to the Commission's ONA rules, Bell Atlantic is required to file both federal and state tariffs for basic ONA services and services underlying its CEI plans. 4.As part of its CEI plan for IAS, Bell Atlantic represented that all the underlying basic telecommunications services needed to provide enhanced IAS would be offered to both affiliated and unaffiliated enhanced service providers at the same time in any given geographical service area. At the time that the Bureau granted Bell Atlantic's CEI plan, Bell Atlantic had filed a federal IPRS tariff, but had not filed corresponding intrastate IPRS tariffs. Consequently, Bell Atlantic committed to filing intrastate tariffs for IPRS in all states within its region, except the District of Columbia. Based upon this representation, the Bureau granted Bell Atlantic a waiver of the Commission's intrastate tariffing requirement to file those intrastate tariffs by September 30, 1996. In addition, the Bureau required that Bell Atlantic use the underlying basic telecommunications services, such as IPRS, under the same rates, terms, and conditions that are available to other enhanced service providers, i.e., under the interstate tariff until such time as applicable intrastate tariffs are in effect. 5.In its Emergency Petition, Bell Atlantic states that it is ready to comply with the intrastate tariffing requirement in all states except West Virginia. It claims that, in West Virginia, "there is no present demand for IPRS and none that Bell Atlantic anticipates for at least six months." Bell Atlantic further states that the technology is not in place in West Virginia that would allow it to offer IPRS within the next several months. Bell Atlantic represents, however, that it will file an intrastate IPRS tariff for West Virginia no later than March 30, 1997. 6.It is the policy of the Commission that extensions of time are not routinely granted. Upon review of Bell Atlantic's request, however, we conclude that it has shown good cause for extending the date by which it must file an intrastate IPRS tariff for West Virginia. Bell Atlantic represents that there is no current demand for IPRS in West Virginia, and that it has not deployed the technology necessary to provide IPRS in West Virginia. Thus, grant of the extension will not cause a denial of service to providers that need access to Bell Atlantic's IPRS offering. Moreover, extending the filing date to no later than March 30, 1997 will not undermine the Commission's policy of ensuring that affiliated and unaffiliated enhanced service providers have equal access to the underlying basic services used by Bell Atlantic to provide IAS. Bell Atlantic represents that it will not use IPRS for its enhanced IAS in West Virginia until after it is generally available to all enhanced service providers. Further, in those areas where Bell Atlantic uses IPRS, it must do so under the same rates, terms, and conditions that are available to other enhanced service providers. Bell Atlantic also represents that it will provide notice to competing enhanced service providers at least 90 days before its IPRS tariff becomes effective in West Virginia in order to permit such providers sufficient time for testing IPRS. 7.Accordingly, we hereby extend the date by which Bell Atlantic must file an IPRS tariff for intrastate service in West Virginia. Bell Atlantic must comply with all of the other requirements and conditions set forth in the Bell Atlantic CEI Order. VI. ORDERING CLAUSES 8.Accordingly, IT IS HEREBY ORDERED that, pursuant to sections 1, 4(i) and (j), 201, 202, 203, 205, and 218 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i) and (j), 201, 202, 203, 205, and 218, and delegated authority thereunder pursuant to sections 0.91 and 0.291 of the Commissions rules, 47 C.F.R.  0.91 and 0.291, Bell Atlantic's emergency petition to extend the deadline by which it must file an intrastate IPRS tariff for West Virginia to no later than March 30, 1997 IS GRANTED. 9.IT IS FURTHER ORDERED that the extension of time granted herein IS EFFECTIVE upon release of this order. FEDERAL COMMUNICATIONS COMMISSION A. Richard Metzger, Jr. Deputy Chief Common Carrier Bureau