*************************************************** NOTICE *************************************************** This document was converted from WordPerfect 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, itallic, underlining, etc. from the original document will not show up in this text version. Features of the orginal 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. ***************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Regulatory Treatment of LEC Provision) CC Docket No. 96-149 of Interexchange Services Originating in the) LEC's Local Exchange Area ) ) and ) ) Policy and Rules Concerning the ) CC Docket No. 96-61 Interstate, Interexchange Marketplace) ORDER Adopted: March 24, 1998 Released: March 24, 1998 By the Chief, Common Carrier Bureau: 1. In the LEC Classification Order, which was released on April 18, 1997, the Commission revised its regulatory treatment of Bell Operating Companies (BOCs) and independent local exchange carriers (LECs) that provide domestic, interstate, interexchange, and international services. The Common Carrier Bureau issues this order to stay the April 18, 1998 deadline by which independent LECs currently providing in-region, interstate, interexchange services on an integrated basis must comply with the Commission's requirement that they provide these services through a separate affiliate. 2. In the LEC Classification Order, the Commission concluded that independent LECs must provide in-region, interstate, interexchange services through a separate affiliate that satisfies the Fifth Report and Order separation requirements. The Commission recognized that independent LECs providing these services on an integrated basis face greater costs of complying with the Fifth Report and Order separation requirements than those already providing such services on a separated basis. Accordingly, the Commission allowed independent LECs providing in-region, interstate, interexchange services on an integrated basis one year from the date of release of the LEC Classification Order (i.e., until April 18, 1998) to comply with the Fifth Report and Order separation requirements. 3. Following the release of the LEC Classification Order, a number of petitioners sought reconsideration of a variety of issues, including the decision to apply the Fifth Report and Order separation requirements to independent LECs providing in-region, interstate, interexchange services. These petitions currently are under consideration by the Commission and may not be decided by April 18, 1998, the deadline for compliance with the separate affiliate requirement. We find that it is in the public interest for the Commission to address and resolve, prior to the deadline for compliance, petitioners' claim that this requirement should not be applied to independent LECs, so such LECs need not incur compliance costs while the possibility of changes to this requirement still exists. Accordingly, we find good cause to stay the date by which independent LECs providing in-region, interstate, interexchange services must comply with the Fifth Report and Order separation requirements until 60 days after release of a Commission reconsideration order addressing this issue. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and 303(r), and section 1.429(k) of the Commission's rules, 47 C.F.R.  1.429(k), that the date by which independent LECs providing in-region, interstate, interexchange services must comply with subsection (c) of section 64.1903 of the Commission's rules, 47 C.F.R.  64.1903 (c), IS STAYED until 60 days after the release date of the Commission's order on reconsideration in CC Docket Nos. 96-149 and 96-61. FEDERAL COMMUNICATIONS COMMISSION A. Richard Metzger, Jr. Chief Common Carrier Bureau