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Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

April 6, 2000

News Media Contact:
Sarah Whitesell (202) 418-2300

Press Statement of Commissioner Gloria Tristani on
SBC's Announcement That It Plans
To Supplement Its Texas 271 Application

SBC's withdrawal and refiling of its application for long distance service in Texas comes very near the end of a thorough review of a full record concerning the state of local competition in Texas. I commend the Texas Public Utility Commission, the Department of Justice, and the staff at the FCC for the hard work they have done.

I am particularly troubled by issues raised in the record concerning three primary areas:

  • issues related to the provision of unbundled network elements, including Operations Support System functions;

  • the coordination, timing, and quality of providing unbundled loops to competitors, referred to as the "hot cut" process; and

  • issues concerning the provision of loops that are used by competitors to provide advanced services.
When examining the last set of issues in the future, to the extent that SBC relies on its separate affiliate for advanced services to demonstrate nondiscriminatory treatment of its DSL competitors, I will carefully examine the relationship that exists between SBC and that separate affiliate.1 I would expect such an affiliate to be fully operational. Moreover, I agree with the Department of Justice that there must be adequate mechanisms in place "to detect, punish, and deter any discrimination that may occur" in favor of SBC's affiliate. Among other things, I will look to see whether performance measures that would capture any such discrimination are in effect and whether they indicate that discrimination has occurred.

1. In the Matter of Application of SBC Communications Inc., Southwestern Bell Telephone Company, and Southwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long Distance for Provision of In-Region, InterLATA Services in Texas, Evaluation of the United States Department of Justice, Feb. 14, 2000, at 25.