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Mr. Gary Phillips
General Attorney & Assistant General Counsel
SBC Communications Legal Department
1401 I Street, N.W., Suite 1100
Washington, D.C. 20005
RE: Section 271 Compliance Review Program for California
Dear Mr. Phillips :
As you know, the Commission recently granted SBC's
application to provide in-region interLATA toll service in
California pursuant to section 271 of the Communications Act of
1934, as amended (``the Act''). See In the Matter of Application
by SBC Communications, Inc., Pacific Bell Telephone Company, and
Southwestern Bell Communications Services Inc., for Authorization
to Provide In-Region InterLATA Services in California, WC Docket
No. 02-306, FCC 02-330 (rel. December 19, 2002) (``Order''). The
Enforcement Bureau (``the Bureau''), therefore, will now monitor
SBC's continuing compliance with section 271 through the Section
271 Compliance Review Program. This program is based on a
structured and systematic approach to compliance review and
enforcement. The Bureau has assigned a team of auditors,
attorneys, and other professional staff from the Investigations
and Hearings Division (``Compliance Review Team'' or ``Team'') to
work with SBC through the duration of the review and to monitor
SBC's performance in California. The primary team members
responsible for this review are Gary Schonman, Attorney and
Constance Hellmer, Auditor.
During the review, the Team will closely review SBC's
performance in subject matter areas that the Commission has
identified as areas of concern in the section 271 Order. In this
regard, we have enclosed with this letter an attachment listing
the specific performance measures and other areas about which the
Commission expressed its concern in the Order. Although the
Bureau will focus its review on these areas, it may also monitor
other areas not noted by the Commission in the Order. Generally,
the Bureau's review will occur in three phases.
Phase 1: The Phase 1 review will occur during the first six
months following the section 271 grant. Within the next few
days, a representative from the Bureau will contact SBC to
schedule a planning meeting with SBC representatives and the Team
overseeing the review. The purpose of this meeting is to provide
SBC with the opportunity to participate in developing the Review
Program and to assist the Bureau in selecting the type and format
of information pertaining to SBC's performance that the Team will
review. SBC should be prepared to discuss the areas of concern
that the Commission noted in the 271 Order (also listed in the
attachment to this letter) and to identify knowledgeable
employees, applicable corporate records, and computer systems
related to these areas. Following this meeting, the Team will
send a follow-up letter to SBC memorializing the discussions at
the meeting and describing the information SBC is responsible for
submitting to the Bureau approximately six months after the
approval date (i.e., June 19, 2003). The Team will also continue
to monitor SBC's performance during Phase 1 through the monthly
carrier to carrier performance reports the Commission's Order
required SBC to submit.
Phase 2: The second phase will proceed similarly to the
first but will occur during the second six-month period after the
grant. Specifically, the Team will send another request for
information to SBC. The information responsive to this request
will be due at the end of this period (approximately December 19,
2003). At that time, the Bureau will require SBC to update
information it already submitted and to provide additional
information concerning its continuing performance in California.
Also, as in Phase 1, the Team will continue to monitor SBC's
performance through the carrier to carrier reports. The Team
will not limit its review in Phase 2 to performance data or
information from only the second six-month period; rather, when
evaluating the need for any further action, the Team will
consider all of the post-authorization data and information.
Phase 3: The third phase of the review will begin after SBC
submits the information the Team required in Phase 2 and will
consist of less formal contacts and inquiries by the Bureau.
At any time during this review, the Team may ask SBC to
provide additional information or to attend additional meetings
with SBC employees who have expertise in specific subject
matters. These additional inquiries may supplement existing
requests or may encompass new inquiries.
Finally, SBC should provide to the team at the initial
meeting during Phase 1 the names and contact information of
employees who are authorized to respond to requests for
information on behalf of the corporation. If you have any
general questions concerning the issues raised in this letter,
please feel free to contact me at (202) 418-1420. You may also
contact William Davenport, Assistant Chief, Investigations and
Hearings Division at (202) 418-1034 or Trent Harkrader, Section
271 Compliance Review Program Team Leader at (202) 418-2955.
Thank you in advance for your cooperation.
Sincerely,
Maureen F. Del Duca
Deputy Chief, Investigations and
Hearings Division
Enforcement Bureau
Cc: Becky Sparks
Executive Director - Federal Regulatory