PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, NW, TW-A325 Washington, DC 20554 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov TTY's-Network Services 202/418-0484 and Informal Complaints 202/418-0485 ******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 00-874 PLEADING CYCLE ESTABLISHED FOR COMMENT ON QWEST COMMUNICATIONS INTERNATIONAL INC. REPORT ON PROPOSED DIVESTITURE OF ITS LONG DISTANCE ACTIVITY IN THE U S WEST REGION CC DOCKET NO. 99-272 Released: April 14, 2000 Comments due: May 5, 2000 Reply Comments due: May 12, 2000 On August 19, 1999, Qwest Communications International Inc. (Qwest) and U S WEST, Inc., (U S WEST) filed joint applications pursuant to sections 214 and 310 of the Communications Act and sections 34-39 of the Cable Landing License Act (Applications), asking the Federal Communications Commission (Commission) to approve the transfer of control of licenses and lines. On March 10, 2000, the Commission issued a Memorandum Opinion and Order (March 10 Order) approving the Applications subject to the requirement that, prior to closing the merger, Qwest and U S WEST (the Applicants) must comply with section 271 of the Communications Act by divesting Qwest's interLATA businesses originating in the U S WEST region. The March 10 Order also required that the Applicants submit a divestiture report to be reviewed by the Commission. The Commission concluded that the licenses and lines would not be transferred until: (i) the full Commission determines that the divestiture would result in a merger that satisfies section 271; and (ii) any such divestiture has been consummated. On April 14, 2000, Qwest submitted a divestiture report to the Commission in which Qwest proposes to irrevocably sell its in-region interLATA businesses to Touch America, Inc., a subsidiary of Montana Power Company. According to Qwest, the "report provides a complete discussion of Qwest's pending transaction with Touch America, Inc. . . .[and] explains in detail the services to be assumed by Touch America, the network assets and employees it is acquiring, and all agreements and understandings between the parties." Qwest further states "the report also addresses every other issue identified by the Commission in the [March 10 Order], and demonstrates that Qwest will be in full compliance with Section 271 at the time of the U S WEST merger closing." Through this Public Notice, the Commission seeks comment on whether the divestiture, as described in the divestiture report, would result in a merger that complies with section 271 and Commission precedent, in particular, AT&T v. Ameritech. Interested parties must submit comments no later than May 5, 2000. The Applicants and interested parties may file reply comments no later May 12, 2000. All filings regarding any aspect of the proposed merger should reference the Common Carrier Bureau docket assigned to this proceeding, CC Docket No. 99-272. The Commission shall issue a second order in this docket no later than 45 days after the public comment period closes, provided the Commission is satisfied that the record before it is accurate and complete, and that no further information is required. The second order shall state whether the merger may proceed and whether the divestiture results in a merger that complies with section 271. In making that determination, the following are of particular importance to the Commission: - whether there is any evidence that the transaction was not conducted at "arm's length," or whether Touch America, Inc. was required to purchase unnecessary or unwanted support services; - whether any agreement would result in indirect ownership or control of Touch America, Inc. by the Applicants; - whether there exists any joint marketing or other arrangement that would violate the Commission's ruling in AT&T v. Ameritech; - whether the Applicants' Internet arrangement with Touch America, Inc. to transport packaged data to Qwest routers out of region complies with section 271; and - whether any on-going Qwest business concern raises section 271 issues. The Commission also welcomes comment on whether the Applicants have any affiliation that implicates section 271. GENERAL INFORMATION Parties are reminded that this proceeding is governed by "permit-but-disclose" ex parte procedures that are applicable to non-restricted proceedings under 47 C.F.R.  1.1206. 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., TW B204, Washington, D.C. 20554, and serve Janice Myles of the Policy and Program Planning Division, Common Carrier Bureau, 445 12th Street, Room 5-C327, S.W., Washington, D.C. 20554, and International Transcription Service, Inc. (ITS), 445 12th Street, S.W., CY-B402, Washington, D.C. 20554, (202) 857-3800, with copies of any written ex parte presentations in these proceedings filed in the manner specified above. We also require all written ex parte presentations or summaries of oral ex parte presentations in this proceeding to be served on all parties to the proceeding. Interested parties may file pleadings as indicated above regarding the divestiture report. 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., TW B204, Washington, D.C. 20554. In addition, one copy of each pleading must be delivered to each of the following locations: (1) International Transcription Service, Inc. (ITS), 445 12th Street, S.W., CY-B402, Washington, D.C. 20554, (202) 857-3800; (2) Office of Public Affairs, 445 12th Street, S.W., Room CY-C314, Washington, D.C. 20554; (3) Henry L. Thaggert, Common Carrier Bureau, 455 12th Street S.W., Rm. 5-C311, Washington D.C. 20554. 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 . Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, 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 ." A sample form and directions will be sent in reply. Copies of the divestiture report and any subsequently filed documents in this matter may be obtained from International Transcription Service, Inc. (ITS), 445 12th Street, S.W., CY-B402, Washington, D.C. 20554, (202) 857-3800. These documents are also available for public inspection and copying during normal reference room hours at the following Commission office: Office of Public Affairs, Reference Operations Division, 445 12th Street, S.W., Room CY-C314, Washington, D.C. 20554 For further information, contact Henry L. Thaggert, Policy and Program Planning Division, Common Carrier Bureau at (202) 418-7941.