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Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of

Request for Extension of the Sunset Date of the
Structural, Nondiscrimination, and Other
Behavioral Safeguards Governing Bell Operating
Company Provision of In-Region, InterLATA
Information Services
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CC Docket No. 96-149





                             ORDER
                                
   Adopted:  February 7, 2000           Released:  February 8, 2000

Before the Commission:

                I.INTRODUCTION AND OVERVIEW

1.     The Commission has before it a petition filed by the Commercial Internet eXchange
Association (CIX) and the Information Technology Association of America (ITAA), pursuant to section
272(f) of the Communications Act of 1934, as amended (the "Act"), 47 U.S.C.  272(f).  Petitioners
request that the Commission extend the sunset date of the structural, nondiscrimination, and other
behavioral safeguards contained in section 272 of the Act, as they pertain to Bell Operating Company
(BOC) provision of in-region, interLATA information services.  Section 272(f)(2) of the Act provides that
all provisions of section 272, other than subsection (e), shall cease to apply with respect to the interLATA
information services of a BOC four years after the date of enactment of the Telecommunications Act of
1996, "unless the Commission extends such 4-year period by rule or order." Therefore, absent an
extension of the sunset date by the Commission, the safeguards contained in section 272 of the Act, as they
apply to BOC provision of interLATA information services, sunset on February 8, 2000.
2.     CIX and ITAA argue that absent Commission action, the structural and behavioral safeguards
applicable to BOC provision of interLATA information services will automatically sunset on February 8,
2000.  As a result, they maintain, if and when the BOCs are allowed to enter the in-region interLATA
information services market, they will be able to do so without ever complying with the structural and
behavioral safeguards adopted by Congress.  CIX and ITAA further argue that substantial evidence exists
that extending the statutory structural safeguards is necessary to prevent anti-competitive abuses by the
BOCs.
                         II.DISCUSSION
3.We do not find convincing the arguments put forth in the CIX/ITAA Petition.  Rather, based on
the record before us, we find that there are several safeguards that will limit adequately BOCs' ability to
discriminate against nonaffiliated information service providers even after section 272(f)(2) takes effect. 
For example, there are nonstructural safeguards that will limit the BOCs' ability to discriminate against
nonaffiliated information service providers.  Accordingly, we conclude that the CIX/ITAA Petition does
not provide a basis for the Commission to extend beyond February 8, 2000, pursuant to section 272(f)(2)
of the Act, the structural, nondiscrimination, and other behavioral safeguards contained in section 272 of
the Act as they pertain to BOC provision of in-region, interLATA information services.  We therefore deny
the CIX/ITAA petition.  Thus, by operation of section 272(f)(2) of the Act, the safeguards contained in
section 272 of the Act, as they apply to BOC provision of interLATA information services, expire on
                       February 8, 2000. 
                      III.ORDERING CLAUSE
4.Accordingly, IT IS ORDERED that under the authority contained in sections 4(i) and (j) and
272(f) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and (j) and 272(f), and
section 555(e) of the Administrative Procedure Act, 5 U.S.C.  555(e), the CIX and ITAA petition for
extension of the sunset date of the structural, nondiscrimination, and other behavioral safeguards contained
in section 272 of the Act, as they pertain to BOC provision of in-region, interLATA information services,
                           IS DENIED.
                                
                         FEDERAL COMMUNICATIONS COMMISSION

                         
                         Magalie Rom n Salas
                         Secretary