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X X` hp x (#%' y*dddyy*dddy H1 H2 H3 H4 H5 H6 H7 H8 H9 H10 H11 H12 H13 H14 H15 H16 H17 H18 H19 H20 H21 H22 H23 H24 H25 H26 H27 H28 +  ӈ2:jQK KQ CourierCourier BoldTimes New RomanTimes New Roman BoldTimes New Roman ItalicCourierCourier BoldTimes New RomanTimes New Roman BoldTimes New Roman Italic?xxx,x `7X7jC:,Xj\  P6G;XP7nC:,%kXn4  pG;Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""evidence as poll results, usage data, and descriptions of the communities involved; and (5)  Xv-involves a limited number of customers or access lines.vZۿ {O -ԍxId. at para. 24. The Commission also delegated authority to act on petitions to modify LATA  {OK -boundaries to the Common Carrier Bureau. Id. at para 23. On August 6, 1997, the Commission released a decision granting requests to modify LATA boundaries to permit three independent telephone company (ITC) exchanges in Texas to change LATA association for purposes of improving service to subscribers. The Commission stated that a carrier will be deemed to have made a prima facie case supporting grant of a proposed association change if the petition: (1) states that the association change is necessary because of planned upgrades to the ITC's network or service that will require routing traffic through a different BOC LATA; (2) involves a limited number of access lines; and (3) includes a statement from the affected BOC(s) requesting a LATA modification, pursuant to section 3(25) of the Act, to permit the change in association. Petitions for LATA  {O-Association Changes by Independent Telephone Companies, Memorandum Opinion and Order, CC Docket No.  {OW-96158, FCC 97258 (released Aug. 6, 1997) (August 1997 Order).  XH- ` `  hh,III. DISCUSSION  X -   5.` ` The petition proposes to establish twoway, nonoptional ELCS, and is   xaccompanied by: (1) a statement that only traditional local service is proposed; (2) an order issued   -by the Virginia State Corporation Commission approving ELCS between the specified exchanges;   (3) results from subscriber polls documenting a community of interest; (4) a statement of the  X -  number of access lines involved;q ۿ yO1-ԍxWest Point has 2,563 access lines; Toano has 4,067 access lines.q and (5) the rate increases that will result. The petition   provides usage data in the form of an average number of calls per access line per month between   the respective exchanges, but not the percentage of subscribers making such calls. The brief   descriptions of the community interest reveal that many West Point residents utilize retail,   /medical, and commercial resources in Toano, and that making interLATA toll calls for such services generates significant expenses for residents.  X-  6.` ` The petition also shows that BA presently offers several classes of service   measured rate, message rate, economy, and exchange rate in addition to flatrated service. We  X-  note that in the July 1997 Order, the Commission stated that the District Court refused to grant  X-  waivers where optional or measured rate ELCS requests were considered.RR ۿ {O$-ԍxJuly 1997 Order at para. 8.R This refusal,  X-  however, was based upon the District Court's opposition to ELCS requests that would introduce   measured rate or optional plans into the expanded local calling area as contrasted with ELCS",N(N(ZZR"  X-  requests that entailed existing levels of service other than flatrated. We believe that this   \distinction is borne out by the District Court's approval of several ELCS requests involving   exchanges in Virginia where measured rate, message rate, economy, and exchange rate services  X-were part of the existing service offerings.oۿ {O6-ԍxSee, e.g.,United States v. Western Electric Company, Inc., No. 820192 (D.D.C. March 25, 1993);  {O-United States v. Western Electric Company, Inc., No. 820192 (D.D.C. July 31, 1991); United States v. Western  {O-Electric Company, Inc., No. 820192 (D.D.C. July 8, 1991); United States v. Western Electric Company, Inc., No. 820192 (D.D.C. Nov. 17, 1994). Bell Atlantic has stated that at the time of the granting of the above District Court decisions, BA offered flatrate, measured rate, message rate, economy measured rate, economy message rate, and residential exchange services in each of the exchanges for which a LATA modification was  {O -sought. See letter from Joseph J. Mulieri, Bell Atlantic, to Allen [sic] Thomas, FCC (Dec. 5, 1997). o  X-  X-  7.` ` As we noted in the July 1997 Order, granting an ELCS petition removes the   proposed route from the competitive interexchange market, and some LATA modifications could   reduce the BOCs' incentive to open their own markets to competition pursuant to section 271 of  XL-  /the Act.JLۿ yO -ԍ47 U.S.C.  271(b)(1).J Given, however, the small number of access lines and the small volume of traffic   involved for the proposed ELCS area in this petition, as well as the types of service to be offered  X -  (e.g., flatrated, nonoptional local service), it is highly unlikely that provision of ELCS service   would reduce BA's motivation to open its own market to competition. Similarly, the small   volume of traffic would seem inconsequential to any interexchange carrier. Due to the limited   Lamount of traffic and the type of service involved, the Division finds that the proposed LATA   modifications will not have a significant anticompetitive effect on the interexchange market or on BA's incentive to open its own market to competition.  X- ' VI. CONCLUSION ă  XQ-  8.` ` We conclude that, in this request, the community's need for the proposed ELCS   yroute outweighs the risk of potential anticompetitive effects. Granting BA's petition serves the   [public interest by permitting a minor LATA modification where such modification is necessary   to meet the needs of local subscribers and will not have any significant effect on competition.   [Accordingly, we approve BA's petition for limited LATA modification in order to provide non  optional ELCS. The LATA is modified solely for the limited purpose of allowing BA to provide   nonoptional local calling service between the specific exchanges or geographic areas identified   in the requests. The LATA is not modified to permit the BOC to offer any other type of service,   including calls that originate or terminate outside the specified areas. Thus, nonoptional ELCS   between the specified exchanges will be treated as intraLATA, and the provisions of the Act  Xk-  governing intraLATA service will apply. kۿ {O$-ԍThe BOC may provide ELCS service without meeting the section 271 requirements, see 47 U.S.C.   {O%-271(a), and a separate affiliate is not required. See 47 U.S.C.  272(a)(2)(B).  ~$F  Other types of service between the specified exchanges"k ,N(N(ZZ"  X-will remain interLATA, and the provisions of the Act governing interLATA service will apply.ۿ yOy-ԍThe BOC may not provide other types of service (such as optional measuredrate or toll service)  {OA-between the specified exchanges without meeting the Section 271 requirements. See 47 U.S.C.  271(a).   X-d  VII. ORDERING CLAUSES ă  X-  S9.` ` Accordingly, IT IS ORDERED, pursuant to sections 3(25) and 4(i) of the   zCommunications Act of 1934, as amended, 47 U.S.C.  153(25), 154(i), and 47 C.F.R.  0.91   and 0.291 of the Commission's rules, that the request of Bell AtlanticVirginia, Inc. for LATA   modification for the limited purpose of providing nonoptional ELCS at specific locations,   >identified in File No. NSDL9802 IS APPROVED. This LATA boundary is modified solely   for the purpose of providing nonoptional ELCS between points in the specific exchanges or   igeographic areas indicated in the request. The LATA boundary for all other services shall remain unchanged.  X -  10.` ` IT IS FURTHER ORDERED that pursuant to section 416(a) of the Act, 47 U.S.C.    416(a), the Secretary SHALL SERVE a copy of this order upon the petitioner, Bell AtlanticVirginia, Inc. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Geraldine A. Matise ` `  hh,Chief, Network Services Division ` `  hh,Common Carrier Bureau