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fcclogo PUBLIC NOTICE

Federal Communications Commission
1919 - M Street, N.W.
Washington, D.C. 20554
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DA 99-296


COMMISSION SEEKS COMMENT ON BELL ATLANTIC'S PROGRESS REPORT ON COMPLIANCE WITH BELL ATLANTIC/NYNEX MERGER ORDER CONDITIONS

File No. AAD 98-24

Released: February 5, 1999

Comment Due Date: March 8, 1999
Reply Comment Due Date: March 23, 1999


On August 14, 1997, the Commission granted, subject to conditions, the applications filed by NYNEX Corporation ("NYNEX") and Bell Atlantic Corporation ("Bell Atlantic") pursuant to sections 214(a) and 310(d) of the Communications Act of 1934, as amended ("the Communications Act"),(1) for the transfer of control of certain licenses and authorizations from NYNEX to Bell Atlantic in connection with the merger of the two companies.(2) The Commission imposed conditions designed to create pro-competitive benefits for consumers throughout the merged entity's region.(3) These conditions include, for example, requirements for Bell Atlantic to provide performance monitoring reports, to provide uniform interfaces to the company's operations support systems ("OSS"), to conduct operational testing of its OSS interfaces, to propose rates based on forward-looking economic costs, and to engage in good faith negotiations to establish performance standards and enforcement mechanisms governing its OSS and network performance.

On February 1, 1999, at the request of the Common Carrier Bureau, Bell Atlantic filed a report indicating its progress in implementing these conditions.(4) This progress report and its attachments are available for public inspection and copying in the Accounting Safeguards Division reading room at 2000 L Street, N.W., Suite 812, and on the Commission's Internet site.(5) In addition, copies of the report are available from International Transcription Service, Inc., the Commission's duplicating contractor, at its office at 1231 20th Street, N.W., Washington, D.C. 20036, telephone (202) 857-3800.

Through this Public Notice, the Commission seeks comment regarding Bell Atlantic's compliance with the conditions imposed in the Bell Atlantic/NYNEX Merger Order. We invite parties to present their views on Bell Atlantic's progress report and the effectiveness of the Merger Order Conditions at promoting competition in the post-merger Bell Atlantic region. Because certain issues are already the subject of pending section 208 complaints,(6) and because the Commission has already devoted resources to evaluating the issues and the facts raised in these complaints, commenters should avoid submitting redundant comments in response to this Notice.

1. EX PARTE STATUS OF THIS PROCEEDING

Because this proceeding involves broad public policy issues, the Bureau will treat the proceeding as "permit but disclose" for purposes of the Commission's ex parte rules. See generally 47 C.F.R. 1.1200-1.1216. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non-restricted proceedings.(7)

Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R. 1.1206(b)(2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206 (b) as well. Interested parties are to file with the Commission Secretary, Magalie Roman Salas, 445 12th Street, S.W., Washington, D.C. 20554, and serve Anthony Dale of the Accounting Safeguards Division, Common Carrier Bureau, Suite 201, 2000 L Street, N.W., Washington D.C. 20554, and International Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20036, with copies of any written ex parte presentations in these proceedings filed in the manner specified above.

2. GENERAL INFORMATION

Interested parties may file comments regarding their experience with the Merger Order conditions no later than March 8, 1999. Responses to these comments may be filed no later than March 23, 1999. All filings should reference the delegated authority number assigned to this proceeding, DA 99-296, and the applicable file number, AAD File No. 98-24. An original and 4 copies of all pleadings, in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R. 1.51(c) must be filed with the Commission's Secretary, Magalie Roman Salas, 445 12th Street, S.W., Counter TWA 325, Washington, D.C. 20554. In addition, copies may be filed between the hours of 4:00 PM to 5:30 PM at the Temporary Filing Facility, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. In addition, four copies of each pleading must be filed with Debbie Byrd of the Accounting Safeguards Division, 2000 L Street, N.W., Suite 201, Washington, D.C., 20554, and with International Transcription Service, Inc., the Commission's duplicating contractor, at its office at 1231 20th Street, N.W., Washington, D.C. 20036, telephone (202) 857-3800.

In addition to filing paper comments, parties may also file comments using the Commission's Electronic Comment Filing System (ECFS). 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 are also encouraged to file a copy of all pleadings on a 3.5 inch diskette in an IBM-compatible format using Wordperfect 5.1 for Windows software in a "read only" mode. Diskette submissions should be in addition to, and not a substitute for, the hard copy filing requirements reviewed above. All diskettes should be clearly labeled with: (1) the party's name; (2) the name of the proceeding and docket number; (3) the type of filing submitted (e.g., comments or oppositions); and (4) the date of submission. The diskettes should be accompanied by a cover letter and filed with Debbie Byrd of the Accounting Safeguards Division, Common Carrier Bureau, Suite 201, 2000 L Street, N.W., Washington D.C. 20554.

For further information, contact Anthony Dale of the Accounting Safeguards Division, Common Carrier Bureau, at (202) 418-2260.

-FCC-



1. 47 U.S.C. 214(a), 310(d) (1997).

2. NYNEX Corporation Transferor, and Bell Atlantic Corporation Transferee, For Consent to Transfer Control of NYNEX Corporation and Its Subsidiaries, Memorandum Opinion and Order, 12 FCC Rcd 19985 (1997) ("Bell Atlantic/NYNEX Merger Order").

3. See id. at paras. 12-16, 178-200, Appendices C and D.

4. See Bell Atlantic Corp., Report of Bell Atlantic on Compliance with Merger Conditions (Feb. 1, 1999).

5. Bell Atlantic's Progress Report and Attachments A-D, G, and H are available at <http://www.fcc.gov/Mergers/BA_NYNEX>. Attachments E and F are not available electronically.

6. See Ex Parte Procedures Established for Formal Complaint Filed by MCI Telecommunications Corporation and MCIMetro Access Transmission Services, Inc., Against Bell Atlantic Corporation, File No. E-98-12, Public Notice, 13 FCC Rcd 887 (Com. Car. Bur. 1998); see also Ex Parte Procedures Established for Formal Complaint Filed by AT&T Corporation Against Bell Atlantic Corporation, File No. E-98-05, Public Notice, 12 FCC Rcd 19712 (Com. Car. Bur. 1997).

7. An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. 47 C.F.R. Sec. 1.1201.