WPC 2BJZ Courier3|jx6X@`7X@HP LaserJet 5Si 2000M RM 210HPLAS5SI.PRSx  @\Y"aqX@2^6 ZF 3|jHP LaserJet 5Si 2000M RM 210HPLAS5SI.PRSx  @\Y"aqX@HeadingChapter HeadingJ d  ) I. ׃  28t.8Right ParRight-Aligned Paragraph Numbers>a݅@  I.   X(# BibliogrphyBibliography݅X  (# SubheadingSubheading0\ E A.  PleadingHeader for numbered pleading paper   ? X X` hp x (#%' y*dddyy*dddy H1 H2 H3 H4 H5 H6 H7 H8 H9 H10 H11 H12 H13 H14 H15 H16 H17 H18 H19 H20 H21 H22 H23 H24 H25 H26 H27 H28 +  ӈ2QjKK KQ CourierCourier BoldTimes New RomanTimes New Roman BoldTimes New Roman Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""\4  pG;W!@(#,h@\  P6G;hPH5!,),5\  P6G;,P\{,W80,:BZW*f9 xr G;X\5hC:,:rXh*f9 xr G;XX X )ө X<w  #XP\  P6QynXP#Federal Communications Commission`)(# DA 981387 ă  yxdddy )q0p yO-N#X\  P6G;ɒP#q  yO3v#X\  P6G;ɒP#X01Í ÍX01Í Í#Xj\  P6G;ynXP# #X\  P6G;ɒP#Before theTPFederal Communications Commission  yOX} Washington, D.C. 20554#Xj\  P6G;ynXP#у  X -  X-x` `  hh@h#XP\  P6QynXP#)  X-In the Matter of hh@h) x` `  hh@h)  X-Ameritech ` `  hh@h)  X-Petition for Limited Modification of LATA h)pp   X -Boundaries to Provide Expanded Local@ h)ppFile No. NSDL9887  Xh -Calling Service (ELCS) hh@h)pp     X# -  MEMORANDUM OPINION AND ORDER TP  X-X` hp x (#%'0*,.8135@8:evidence as poll results, usage data, and descriptions of the communities involved; and (5)  Xv-involves a limited number of customers or access lines.vZۿ {O -ԍxId. at para. 24. The Commission also delegated authority to act on petitions to modify LATA  {OK -boundaries to the Common Carrier Bureau. Id. at para 23. On August 6, 1997, the Commission released a decision granting requests to modify LATA boundaries to permit three independent telephone company (ITC) exchanges in Texas to change LATA association for purposes of improving service to subscribers. The Commission stated that a carrier will be deemed to have made a prima facie case supporting grant of a proposed association change if the petition: (1) states that the association change is necessary because of planned upgrades to the ITC's network or service that will require routing traffic through a different BOC LATA; (2) involves a limited number of access lines; and (3) includes a statement from the affected BOC(s) requesting a LATA modification, pursuant to section 3(25) of the Act, to permit the change in association. Petitions for LATA  {O-Association Changes by Independent Telephone Companies, Memorandum Opinion and Order, CC Docket No.  {OW-96158, FCC 97258 (rel. Aug. 6, 1997) (August 1997 Order).  XH-  X1-x` `  hhIII. DISCUSSION  X - ` A x5.` ` The petition proposes to establish twoway, flatrated, nonoptional ELCS, and is  xxaccompanied by: (1) a statement that only traditional local service is proposed; (2) an order issued  x[by The Public Utilities Commission of Ohio approving ELCS between the specified exchanges;  x(3)  $H a statement that  $H no subscriber polls were required under Ohio law because no increase in end  X - xuser rates was proposed; (4) a statement of the number of access lines involved. ۿ yO-ԍxDalton has 1,620 access lines; Kidron 1,165 access lines; Wooster 24,582 access lines. The petition  xprovides usage data in the form of an average number of calls per access line per month between  Xy- xthe respective exchanges,yR ۿ yO|-ԍxDalton to Kidron: 3.68; Kidron to Dalton: 7.46; Dalton to Wooster: 6.52; Wooster to Dalton: 0.45. but not the percentage of subscribers making such calls. The brief  xdescriptions of the community interest reveal that many community services (such as hospitals,  xschools, and commercial services) are located in a nearby community in the adjacent LATA, and that making interLATA toll calls for such services generates significant expenses for residents.  X- ` x6.` ` As we noted in the July 1997 Order, granting an ELCS petition removes the  xproposed route from the competitive interexchange market, and some LATA modifications could  xreduce the BOCs' incentive to open their own markets to competition pursuant to section 271 of  X- xthe Act.Tۿ {OV'-ԍxSee 47 U.S.C.  271(b)(1).T Our focus, however, is on the number of access lines in the exchange to be added to"t,N(N(ZZq"  x=the local calling area. The exchanges to be added to the local calling area have a small number  xZof access lines and should pose no competitive concerns. Given the small number of access lines  xjand the small volume of traffic involved for the proposed ELCS areas in this petition, as well as  X- xthe types of service to be offered (e.g., flatrated, nonoptional local service), it is highly unlikely  x[that provision of ELCS service would reduce Ameritech's motivation to open its own market to  x-competition. The Division finds that the proposed LATA modification will not have a significant  xjanticompetitive effect on the interexchange market or on Ameritech's incentive to open its own market to competition.  X3-  X -x` `  hh VI. CONCLUSION  X - ` x7.` ` We conclude that, in this request, the need for the proposed ELCS routes  xoutweighs the risk of potential anticompetitive effects. Granting Ameritech's petition serves the  x[public interest by permitting a minor LATA modification where such modification is necessary  xto meet the needs of local subscribers and will not have any significant effect on competition.  xAccordingly, we approve Ameritech's petition for limited LATA modification in order to provide  x!nonoptional ELCS. The LATAs are modified solely for the limited purpose of allowing  xKAmeritech to provide flatrated, nonoptional local calling service between the specific exchanges  x[or geographic areas identified in the requests. The LATAs are not modified to permit the BOC  xto offer any other type of service, including calls that originate or terminate outside the specified  xareas. Thus, flatrated, nonoptional ELCS between the specified exchanges will be treated as  X- x-intraLATA, and the provisions of the Act governing intraLATA service will apply. ۿ {O-ԍxThe BOC may provide ELCS service without meeting the section 271 requirements, see 47 U.S.C.   {OK-271(a), and a separate affiliate is not required. See 47 U.S.C.  272(a)(2)(B).  Other types  X- xof service between the specified exchanges will remain interLATA, and the provisions of the Act  X-governing interLATA service will apply.$ۿ yO-ԍxThe BOC may not provide other types of service (such as optional measuredrate or toll service)  {Ow-between the specified exchanges without meeting the section 271 requirements. See 47 U.S.C.  271(a).   X-  X-x` `  hhVII. ORDERING CLAUSES  Xg- ` Sx8.` ` Accordingly, IT IS ORDERED, pursuant to sections 3(25) and 4(i) of the  xzCommunications Act of 1934, as amended, 47 U.S.C.  153(25), 154(i), and 47 C.F.R.  0.91  xand 0.291 of the Commission's rules, that the request of Ameritech for LATA modification for  xthe limited purpose of providing flatrated, nonoptional ELCS at specific locations, identified  xin File No. NSDL9887 IS APPROVED. These LATA boundaries are modified solely for the  x-purpose of providing nonoptional ELCS between points in the specific exchanges or geographic  x0areas indicated in the request. The LATA boundaries for all other services shall remain unchanged. "!~,N(N(ZZ "Ԍ X- ` x9.` ` IT IS FURTHER ORDERED that pursuant to section 416(a) of the Act, 47 U.S.C.  416(a), the Secretary SHALL SERVE a copy of this order upon the petitioner, Ameritech. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhAnna M.  $H Gomez x` `  hhDeputy Chief, Network Services Division x` `  hhCommon Carrier Bureau