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

In the Matter of                   )
                              )    File No. EB-01-IH-0236
Verizon Communications, Inc.       )    Acct. No. 200132080058                      
)

                              ORDER
  Adopted: September 10, 2001                Released:  September 
14, 2001
By the Chief, Enforcement Bureau:

     1.   In this Order, we adopt a Consent Decree terminating an 
investigation into possible violations by Verizon Communications, 
Inc. (``Verizon'')  of  section  51.321(h)  of  the  Commission's 
rules,  in  connection  with  Verizon's  posting  of  notice   of 
exhausted collocation space on its Internet website.  

     2.   The Bureau and Verizon have  negotiated the terms of  a 
Consent Decree that would terminate the staff's investigation.  A 
copy of the Consent Decree is attached hereto and is incorporated 
by reference.  

     3.   We have reviewed  the terms of  the Consent Decree  and 
evaluated the facts before us.  In light of Verizon's  commitment 
to be bound by various requirements to help ensure its compliance 
with section 51.321(h) of the Commission's rules, we believe that 
the public  interest would  be served  by approving  the  Consent 
Decree and terminating the investigation.

     4.   Based on the record  before us, and  in the absence  of 
material new evidence relating to  this matter, we conclude  that 
there are no  substantial and  material questions of  fact as  to 
whether Verizon possesses the basic qualifications, including its 
character qualifications, to hold or  obtain any FCC licenses  or 
authorizations.

     5.   Accordingly, IT IS ORDERED, pursuant to section 4(i) of 
the Communications Act,  47 U.S.C.   154(i),  and the  authority 
delegated by sections 0.111 and 0.311 of the Commission's  rules, 
47 C.F.R.  0.111,  0.311, that the  attached Consent Decree  IS 
ADOPTED.

     6.   IT IS FURTHER ORDERED that the Commission staff inquiry 
into the matter described here IS TERMINATED. 

                         
                         FEDERAL COMMUNICATIONS COMMISSION

                         David H. Solomon
                         Chief, Enforcement Bureau
                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                   )
                              )    File No. EB-01-IH-0236
Verizon Communications, Inc.       )    Acct No. 200132080058
                              )
          

                         CONSENT DECREE

     7.   The Enforcement  Bureau of  the Federal  Communications 
Commission    (``FCC''    or    ``Commission'')    and    Verizon 
Communications, Inc. (``Verizon'')  hereby enter  into a  Consent 
Decree terminating an informal Bureau investigation into possible 
violations of section 51.321(h)  of the Commission's rules.   The 
investigation focused on whether Verizon had updated its Internet 
website listing premises  that have  exhausted collocation  space 
``within ten days  of the date  at which a  premises runs out  of 
physical collocation space.''1

       Statement of Facts

     8.   In the Bell Atlantic/GTE  Merger Order, the  Commission 
approved the merger of Bell  Atlantic and GTE subject to  certain 
conditions designed to mitigate  potential public interest  harms 
from the  merger.2   One  of those  conditions was  that  Verizon 
retain  an  independent  auditor  to  develop  and  implement   a 
comprehensive audit of the  merged company's compliance with  the 
Commission's collocation rules.3

     9.   On January 29, 2001, Verizon submitted its audit report 
to  the  Commission  regarding  Verizon's  compliance  with   the 
Commission's collocation rules from July 1, 2000 through  October 
31, 2000.4   The  auditor's  report indicated  that,  in  certain 
instances  during  the  audit  period,  Verizon  failed  to  post 
exhausted  collocation  space  within  10  days  of  exhaustion.5 
Additionally,  the  auditor's  report  noted  that,  in   certain 
instances during  the audit  period, Verizon  denied  collocation 
applications for certain premises due  to lack of space, yet  did 
not post  such premises  as  being exhausted.6   Rather,  Verizon 
listed such premises as  ``Pending Office Reevaluation,'' a  term 
the company defines internally to mean that ``the premise  cannot 
currently accommodate physical collocation but may be  considered 
for reconfiguration  to  permit additional  physical  collocation 
space in  the future.''7   Based on  the Bureau's  review of  the 
audit report, the Bureau commenced an investigation into  whether 
Verizon may  have  violated  the Commission  rule  requiring  the 
timely posting of exhausted collocation space.8

     10.  The  posting  rule  states  that  an  incumbent   local 
exchange carrier  (``ILEC'')  must update  its  Internet  website 
listing  of  premises  that  have  exhausted  collocation   space 
``within ten days  of the date  at which a  premises runs out  of 
physical collocation space.''9  The  purpose of the posting  rule 
is to  ensure  that  competitors do  not  ``expend[]  significant 
resources in  applying  for  collocation space  in  an  incumbent 
ILEC's premises  where  no such  space  exists.''10   Information 
provided by the  auditors and  Verizon indicates  that there  may 
have been  a number  of instances  in which  Verizon updated  its 
website information more than 10  days after the date that  space 
for physical collocation  became exhausted  in those  premises.11  
Information submitted to the Bureau by Verizon indicates that  in 
some of these instances, competitive local exchange carriers  may 
have  submitted  collocation  applications  for  space  at  these 
premises, only to have the applications denied on the ground that 
no space  was  available.12  Verizon  does  not  agree  that  the 
information provided by  the auditors and  Verizon prove that  it 
failed to meet the 10-day posting requirement.

     Terms of Settlement

     11.  For the purposes of  this Consent Decree the  following 
definitions shall apply:

          (a)  ``Commission'' or ``FCC'' means the Federal 
            Communications Commission;
          (b)  ``Bureau'' means the Enforcement Bureau of the 
            Federal Communications Commission;
          (c)  ``Verizon'' means Verizon Communications, Inc. and 
            any subsidiaries, including its incumbent LEC 
            operating telephone companies, and any successors or 
            assigns of Verizon Communications, Inc. or its 
            incumbent LEC operating telephone companies;
          (d)  ``Parties'' means Verizon Communications, Inc., 
            and the Bureau;
          (e)  ``Adopting Order'' means an Order of the Bureau 
            adopting the terms and conditions of this Consent 
            Decree;
          (f)  ``Effective Date'' means the date on which the 
            Bureau releases the Adopting Order; and,
          (g)  ``Inquiry'' means the investigation initiated by 
            the Bureau's April 5, 2001 letter of inquiry 
            regarding Verizon's compliance with 47 C.F.R.  
            51.321(h).        

     12.  The Parties agree that  the provisions of this  Consent 
Decree shall  be  subject to  final  approval by  the  Bureau  by 
incorporation of  such provisions  by  reference in  an  Adopting 
Order of the Bureau. 

     13.  The Parties agree that this Consent Decree shall become 
effective on the date on  which the Bureau releases the  Adopting 
Order.  Upon release, the Adopting Order and this Consent  Decree 
shall have the same  force and effect as  any other Order of  the 
Commission and any violation of the terms of this Consent  Decree 
shall constitute a violation of a Commission Order entitling  the 
Commission to exercise any and all rights and to seek any and all 
remedies authorized by  law for the  enforcement of a  Commission 
Order.

     14.  Verizon admits the jurisdiction  of the Commission  for 
purposes of this Consent Decree and the Adopting Order.

     15.  The parties  agree and  acknowledge that  this  Consent 
Decree shall constitute  a final settlement  between Verizon  and 
the Bureau of the Inquiry.  In consideration for the  termination 
by the  Bureau  of its  investigation  into whether  Verizon  has 
violated section 51.321(h) of the Commission's rules, 47 C.F.R.  
51.321(h), and  in  accordance with  the  terms of  this  Consent 
Decree, Verizon agrees to the terms set forth herein.  

     16.  Verizon  agrees  to  initiate  the  following  remedial 
actions, no later than  30 days from the  effective date of  this 
Consent Decree,  to  help  ensure  its  compliance  with  section 
51.321(h) of the  Commission's rules: (1)  adopt new methods  and 
procedures to clearly indicate that a grant of an application for 
collocation space, or any other event that makes unavailable  the 
last remaining usable  physical collocation  space, triggers  the 
ten-day time  period within  which Verizon  must post  notice  of 
exhaustion of  space for  physical collocation;  (2) establish  a 
centralized point  of control  to  monitor and  record  Verizon's 
compliance with the  posting requirements  of section  51.321(h); 
and  (3)  eliminate  the  use  of  the  phrase  ``Pending  Office 
Reevaluation'' on Verizon's Internet  site that lists  facilities 
with exhausted  physical collocation  space.  Verizon  agrees  to 
continue to comply with  each of these  remedial actions for  the 
entire time period in which  the Internet posting requirement  in 
section 51.321(h) of the Commission's rules remains in effect  in 
its  current  form.   Additionally,  Verizon  agrees  to  provide 
remedial  refresher  training  on  the  posting  requirements  of 
section 51.321(h)  to  all  personnel  responsible  for  Internet 
posting regarding collocation space exhaustion, such training  to 
take place  within 12  months  from the  effective date  of  this 
Consent Decree. 

     17.  Verizon shall  make  a voluntary  contribution  to  the 
United States Treasury in the  total amount of $77,000  (seventy-
seven thousand dollars).   This amount  shall be  paid within  30 
days of the date on which the order adopting this Consent  Decree 
becomes final.  Such contribution shall be made, without  further 
protest or recourse, by certified check, cashiers check, or money 
order  drawn  to   the  order  of   the  Federal   Communications 
Commission, and  shall be  mailed  to the  Forfeiture  Collection 
Section, Finance Branch, Federal Communications Commission,  P.O. 
Box 73482,  Chicago, Illinois  60673-7482.  Reference  should  be 
made on the check or money order to ``Acct. No. 200132080058.''

     18.  While this Consent Decree is in effect, Verizon  agrees 
to maintain and make  available to the Bureau  within 21 days  of 
the receipt  of  a  specific written  request  from  the  Bureau, 
business records  demonstrating  compliance with  the  terms  and 
provisions of this Consent  Decree.  This requirement will  begin 
forty-five 45  days  after the  effective  date of  this  Consent 
Decree and will expire twenty-four (24) months later.

     19.  In   express    reliance   on    the   covenants    and 
representations in  this Consent  Decree,  the Bureau  agrees  to 
terminate the inquiry  without any  finding of  liability on  the 
part of Verizon. 

     20.  The Bureau agrees that, based on the facts developed in 
the Inquiry and in the  absence of material new evidence  related 
to this  matter, it  will not  use the  facts developed  in  this 
Inquiry through the date of  the Consent Decree or the  existence 
of this Consent Decree to institute,  on its own motion, any  new 
proceeding, formal or  informal, or  take any action  on its  own 
motion against  Verizon  concerning  the matters  that  were  the 
subject of the Inquiry.   The Bureau also  agrees that, based  on 
the facts  developed  in  the  Inquiry, and  in  the  absence  of 
material new evidence related to this matter, it will not use the 
facts developed in this Inquiry through the date of this  Consent 
Decree or the existence  of this Consent  Decree to institute  on 
its own motion any  proceeding, formal or  informal, or take  any 
action on  its own  motion against  Verizon with  respect to  its 
basic qualifications, including its character qualifications,  to 
be a Commission licensee or  with respect to compliance with  the 
Commission's rules and policies.

     21.  Nothing  in  this  Consent  Decree  shall  prevent  the 
Commission from adjudicating complaints filed pursuant to section 
208 of  the Communications  Act,  as amended,  47 U.S.C.    208, 
against Verizon  or  its  affiliates for  alleged  violations  of 
section 51.321(h) of  the Commission's  rules, or  for any  other 
type of alleged  misconduct, regardless of  when such  misconduct 
took place.   If any  such complaint  is made,  the  Commission's 
adjudication of that complaint will be based solely on the record 
developed in  that proceeding.   Nothing in  this Consent  Decree 
shall prevent the Commission from instituting new  investigations 
or enforcement proceedings against  Verizon pursuant to  sections 
4(i), 403 and 503 of the  Communications Act in the event of  any 
alleged future misconduct.

     22.  Verizon waives any and all  rights it may have to  seek 
administrative or  judicial  reconsideration, review,  appeal  or 
stay, or to otherwise challenge  or contest the validity of  this 
Consent Decree  and  the  Order  adopting  this  Consent  Decree, 
provided the  Order adopts  the  Consent Decree  without  change, 
addition, or modification.

     23.  Verizon  waives  any  rights  it  may  have  under  any 
provision of the Equal Access to Justice Act, 5 U.S.C.  504.

     24.  In the  event  that  this Consent  Decree  is  rendered 
invalid by  any court  of  competent jurisdiction,  this  Consent 
Decree shall become  null and  void and may  not be  used in  any 
manner in any legal proceeding.

     25.  If either Party (or the United States on behalf of  the 
Commission) brings a judicial action to enforce the terms of  the 
Order adopting  this  Consent  Decree, neither  Verizon  nor  the 
Commission shall contest  the validity of  the Consent Decree  or 
Order, and Verizon  and the Commission  will waive any  statutory 
right to a trial  de novo with respect  to any matter upon  which 
the Order is based, and shall consent to a judgment incorporating 
the terms of this Consent Decree.

     26.  The Bureau and Verizon  agree that this Consent  Decree 
does not constitute  either an  adjudication on the  merits or  a 
factual  or  legal   finding  or   determination  regarding   any 
compliance  or  noncompliance  with   the  requirements  of   the 
Communications  Act,  including  section  251  thereof,  and  the 
Commission's implementing  rules,  including  section  51.321(h).  
The parties  agree that  this Consent  Decree is  for  settlement 
purposes only  and  that  by agreeing  to  this  Consent  Decree, 
Verizon does  not admit  any liability  for violating  Commission 
rules in connection with the matters that are the subject of this 
Consent  Decree.   Indeed,  Verizon  expressly  denies  any  such 
noncompliance, violation, or liability.

     27.  The Parties  agree that  any provision  of the  Consent 
Decree that would require Verizon to  act in violation of a  rule 
or order adopted  by the  Commission will be  superseded by  such 
Commission rule or order. 

     28.  This Consent Decree may be signed in counterparts.


For the Enforcement Bureau,                  For Verizon 
Communications, Inc.
Federal Communications Commission            


________________________________        
________________________________
David H. Solomon                        Virginia Ruesterholz
Chief                                   Senior Vice President, 
Wholesale Services                 


_______________________________         
________________________________
Date                               Date

_________________________

1    47 C.F.R.  51.321(h).
2    See Application  of GTE  Corporation, Transferor,  and  Bell 
Atlantic Corporation, Transferee, For Consent to Transfer Control 
of Domestic and International Sections 214 and 310 Authorizations 
and Application to Transfer Control of a Submarine Cable  Landing 
License, CC Docket 98-184, Memorandum  Opinion and Order, 15  FCC 
Rcd 14032, 14143 (2000) (``Bell Atlantic/GTE Merger Order'').
3    Id. at  14170;  see  also Bell  Atlantic/GTE  Merger  Order, 
Appendix D at   27.  The audit covered  the period from July  1, 
2000 through October 31, 2000.
4    See January 29,  2001 letter  from Mark  E. Gaumond,  Arthur 
Anderson,  LLP,  to  Magalie  Roman  Salas,  Secretary,   Federal 
Communications Commission; see  also January 29,  2001 Report  of 
Independent Accountants (``Auditor's Report on Compliance''); see 
also January 29, 2001 Report of Management on Compliance with the 
FCC's Collocation Rules.   
5    See Auditor's Report on Compliance at 2.
6    Id.
7    Id.
8    47 C.F.R.   51.321(h);  see also  Bell Atlantic/GTE  Merger 
Order, Appendix D at  27.
9    47 C.F.R.  51.321(h).
10 See In the Matter of Deployment of Wireline Services  Offering 
Advanced Telecommunications Capability,  CC Docket 98-147,  First 
Report and Order  and Further Notice  of Proposed Rulemaking,  14 
FCC Rcd 4761, 4793 (1999) (``Advanced Services Order'').
11 See Auditor's Report on Compliance at 2; see also May 7,  2001 
letter  from   Joseph   DiBella,  Regulatory   Counsel,   Verizon 
Communications, Inc., to Elizabeth H. Valinoti, Attorney, Federal 
Communications Commission, Enforcement  Bureau, Attachments A,  B 
(``May 7, 2001 DiBella Letter'').
12 See May 7, 2001 DiBella  Letter, Response to FCC Questions  at 
1, 3.