Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
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, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original 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
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau, Investigations and Hearings Division
445 12th Street S.W., Room 3-B443
Washington, D.C. 20554
July 10, 2003
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
and FACSIMILE (202) 408-4805
Michelle Thomas
Executive Director
Federal Regulatory
SBC Communications, Inc.
1401 I Street, N.W., Suite 1100
Washington, DC 20005
Re: Consolidated Section 271 Compliance Review Programs for
California and Nevada
EB-02-IH-0856 and EB-03-IH-0085
Dear Ms. Thomas:
This letter memorializes discussions held during a telephone
conference on May 20, 2003, among representatives of SBC
Communications, Inc. (``SBC'') and the Enforcement Bureau
(``Bureau'').1 The discussions focused on (a) consolidating the
Bureau's Section 271 Compliance Programs for California2 and
Nevada3; and (b) establishing the categories of information that
SBC shall produce to the Bureau, and the deadlines for doing so,
pursuant to a Consolidated Section 271 Compliance Program for
both states.
As a result of our discussions, we hereby establish the
following schedule, which will henceforth govern SBC's
submissions during Phase 1 of the Bureau's Consolidated Section
271 Compliance Program for California and Nevada.4
I. MONTHLY SUBMISSIONS
A. Information to be Produced on a Monthly Basis for
California
1. Monthly Performance Measurement Reports:
Commencing in January 2003 and continuing through, at a
minimum, March 1, 2004, SBC shall provide directly to the
Bureau complete and final copies of its monthly Section 271
Performance Measurement Tracking Report for California
(``PMT Report'') and its Hit or Miss Report (``HOMR'').
Each monthly PMT Report shall contain performance
measurement data accompanied by appropriate charts analyzing
SBC's performance over the preceding 12-month period. Each
monthly HOMR submission shall contain data in side-by-side
format with the last column identifying the number of
performance failures over the preceding three-month period.
In addition, the HOMR report shall contain both CLEC and SBC
volumes. SBC shall provide all reports in hard copy and on
computer disc in Microsoft® Excel format. SBC shall submit
all such materials to the Bureau no later than five (5)
business days after the date on which SBC has delivered
copies of the same materials to the California State Public
Utility Commission. SBC shall provide all corrections or
restatements to the Bureau within five (5) business days of
the date the data is corrected or restated. All corrections
or restatements shall include an explanation of the reason
for the correction or restatement. SBC will inform the
Bureau of all changes to the business rules governing its
performance measurements within five (5) business days of
such modifications. SBC will also submit to the Bureau the
results of all audits of its California performance
measurement data. SBC shall direct all such information to:
Connie Hellmer, Investigations & Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445
12th Street, S.W., Room 3-A336, Washington, D.C. 20054.
SBC shall also concurrently transmit the information via e-
mail to Ms. Hellmer at: Connie.Hellmer@fcc.gov.
SBC shall comply with the foregoing filing obligations
through March 1, 2004. The Bureau will inform SBC if SBC
must continue with some or all of the foregoing filing
obligations beyond that date.
2. Performance Incentive Plan Payment Reports:
Commencing in January 2003 and continuing through, at a
minimum, March 1, 2004, SBC shall provide directly to the
Bureau complete and final copies of all reports that SBC
submits, formally or informally, to the California State
Public Utility Commission or staff thereof, including, but
not limited to, its Poison Ivy Report, its PB Performance
Incentive Report for California (commonly referred to as
``Jungle Spider Report''), its Sage Green Report, and its
Extended Chronic Deficiencies Report. SBC shall provide all
reports in hard copy and on computer disc in Microsoft®
Excel format. SBC shall submit all such materials to the
Bureau no later than five (5) business days after the date
on which SBC has delivered the same materials to the
California State Public Utilities Commission or staff
thereof. SBC shall provide all corrections or restatements
to the Bureau within five (5) business days of the date the
data is corrected or restated. All corrections or
restatements shall include an explanation of the reason for
the correction or restatement. SBC shall send the reports
to Ms. Hellmer at the above-referenced address. SBC shall
also concurrently transmit the reports via e-mail to Ms.
Hellmer at the above-referenced e-mail address.
SBC shall comply with the foregoing filing obligations
through March 1, 2004. The Bureau will inform SBC if SBC
must continue with some or all of the foregoing filing
obligations beyond that date.
B. Information to be Produced on a Monthly Basis for Nevada
1. Monthly Performance Measurement Reports:
Commencing in April 2003, and continuing through, at a
minimum, March 1, 2004, SBC shall provide directly to the
Bureau complete and final copies of its monthly Section 271
Performance Measurement Tracking Report for Nevada (``PMT
Report'') and its Hit or Miss Report (``HOMR''). Each
monthly PMT Report shall contain performance measurement
data accompanied by appropriate charts analyzing SBC's
performance over the preceding 12-month period. Each
monthly HOMR submission shall contain data in side-by-side
format with the last column identifying the number of
performance failures over the preceding three-month period.
In addition, the HOMR report shall contain both CLEC and SBC
volumes. SBC shall provide all reports in hard copy and on
computer disc in Microsoft® Excel format. SBC shall submit
all such materials to the Bureau no later than five (5)
business days after the date on which SBC has delivered
copies of the same materials to the Nevada Public Utilities
Commission. SBC shall provide all corrections or
restatements to the Bureau within five (5) business days of
the date the data is corrected or restated. All corrections
or restatements shall include an explanation of the reason
for the correction or restatement. SBC will inform the
Bureau of all changes to the business rules governing its
performance measurements within five (5) business days of
such modifications. SBC will also submit to the Bureau the
results of all audits of its Nevada performance measurement
data. SBC shall direct all such information to: Connie
Hellmer, Investigations & Hearings Division, Enforcement
Bureau, Federal Communications Commission, 445 12th Street,
S.W., Room 3-A336, Washington, D.C. 20054. SBC shall also
concurrently transmit the information via e-mail to Ms.
Hellmer at: Connie.Hellmer@fcc.gov.
SBC shall comply with the foregoing filing obligations
through March 1, 2004. The Bureau will inform SBC if SBC
must continue with some or all of the foregoing filing
obligations beyond that date
2. Performance Incentive Plan Payment Reports:
Commencing in April 2003 and continuing for each month
thereafter through, at a minimum, March 1, 2004, SBC shall
provide directly to the Bureau complete and final copies of
all reports that SBC submits, formally or informally, to the
Nevada Public Utilities Commission or staff thereof,
including, but not limited to, its Sage Green Report, and
any reports regarding chronic and extended chronic
deficiencies. SBC shall provide all reports in hard copy
and on computer disc in Microsoft® Excel format. SBC shall
submit all such materials to the Bureau no later than five
(5) business days after the date on which SBC has delivered
the same materials to the Nevada State Public Utilities
Commission or staff thereof. SBC shall provide all
corrections or restatements to the Bureau within five (5)
business days of the date the data is corrected or restated.
All corrections or restatements shall include an explanation
of the reason for the correction or restatement. SBC shall
send the reports to Ms. Hellmer at the above-referenced
address. SBC shall also concurrently transmit the reports
via e-mail to Ms. Hellmer at the above-referenced e-mail
address.
SBC shall comply with the foregoing filing obligations
through March 1, 2004. The Bureau will inform SBC if SBC
must continue with some or all of the foregoing filing
obligations beyond that date.
II. PHASE 1 SUBMISSION
A. Overview
The Consolidated Phase 1 Review for California and Nevada
shall encompass, as to SBC's compliance in California, the period
from the date of release of the California Order through August
29, 2003, and, as to SBC's compliance in Nevada, the period from
the date of release of the Nevada Order through August 29, 2003.
On August 29, 2003, SBC shall produce to the Bureau its
Consolidated Phase I Review Submission containing, at a minimum,
the information identified below. At any time during the
Consolidated Phase 1 Review for California and Nevada, the Bureau
may require SBC to provide additional information not referenced
below. Such information may relate to, or serve to supplement,
the information referenced below or encompass new inquiries. In
addition, at any time during the Consolidated Phase 1 Review for
California and Nevada, the Bureau may require SBC to arrange for
certain of its employees with subject matter expertise to meet
with Commission personnel.
B. Information to be Produced on August 29, 2003
SBC's Consolidated Phase 1 Review Submission for California
and Nevada shall consist of the following: (a) a narrative
discussion of SBC's compliance, covering the period from the date
of release of the California Order through August 29, 2003, with
the conditions of its approval to provide in-region, interLATA
long distance service in California contained in the California
Order; (b) a narrative discussion of SBC's compliance, covering
the period from the date of release of the Nevada Order through
August 29, 2003, with the conditions of its approval to provide
in-region, interLATA long distance service in Nevada contained in
the Nevada Order; (c) a thorough analysis, accompanied by
supporting data (as applicable), relating to SBC's performance in
California during the period from the date of release of the
California Order through August 29, 2003; and (d) a thorough
analysis, accompanied by supporting data (as applicable),
relating to SBC's performance in Nevada during the period from
the date of release of the Nevada Order to August 29, 2003. Such
analysis and data shall encompass, at a minimum, the checklist
items and other information requests identified below for the two
states. For the performance measurement-related items, SBC's
Consolidated Phase 1 Review Submission shall also include, for
each state, the number of observations or volumes, both SBC and
CLEC, for each month subsequent to the grant of Section 271
authority.
SBC shall submit its Consolidated Phase 1 Review Submission
in hard copy and on computer disc in Microsoft® Excel and Word
formats, as appropriate. SBC shall direct its Consolidated Phase
1 Review Submission to: Gary Schonman and Connie Hellmer,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W., Room 3B-443,
Washington, D.C. 20054. SBC shall also concurrently transmit the
information via e-mail to Mr. Schonman and Ms. Hellmer at:
Gary.Schonman@fcc.gov and Connie.Hellmer@fcc.gov.
C. California Checklist Items
Checklist Item 2: Unbundled Network Elements
Pre-Ordering
· PM 1 - Average Response Time (to pre-Order
Queries)
· PM 3 - Average Reject Notice Interval
Ordering and Provisioning
· PM 2 - Average FOC/LSC Notice Interval -
Electronic/Manual
· PM 6 - Average Jeopardy Notice Interval
· PM 11 - Percent of Due Dates Missed - UNE-P
· PM 18 - Average Completion Notice Interval
Maintenance and Repair
· PM 19 - Customer Trouble Report Rate
· PM 21 - Average Time to Restore
· PM 32 - Frequency of Repeat Trouble in 30-Day
Period
Billing
· PM 31 - Usage Completeness
· PM 32 - Recurring Charge Completeness
· PM 33 - Non-Recurring Charge Completeness
· PM 34 - Bill Accuracy
Checklist Item 4: Unbundled Local Loops
· PM 20 - High Capacity Loops: Percentage of
Customer Troubles Not Resolved Within Estimated
Time
· PM 21 - High Capacity Loops: Average Time to
Restore
Checklist Item 11: Local Number Portability
· PM 15 - Time to Restore Provisioning Troubles
· PM 17 - Percentage Trouble in 10 Days for Non-
Special Orders
D. Other Information Requests for California
Billing Adjustments
SBC shall provide to the Bureau a full and
complete description of all billing adjustments
since the release of the aforementioned MO&O that
were previously performed manually but
subsequently performed electronically.
Change Management and Technical Assistance
SBC shall provide to the Bureau copies of all
orders, instructions or guidelines issued by any
state public utility commission in any SBC region
since the release of the aforementioned MO&O
relating to SBC's Change Control Process or SBC's
operation of that Change Control Process. SBC's
submission shall also include the minutes of any
change control plan meetings held at the direction
of any state public utility commission in any SBC
region.
Voice Grade Loops and High Capacity Loops
SBC shall provide to the Bureau a Status Report
describing the status of operational modifications
or revisions implemented to improve maintenance of
voice-grade loops and of high-capacity loops.
Local Number Portability
SBC shall provide to the Bureau a Status Report
describing the status of the implemented
mechanized NPAC check required by the California
Public Utility Commission.
Primary Interexchange Carrier
SBC shall provide to the Bureau the final report
on the investigation initiated by the California
Public Utility Commission into SBC's PIC
administration practices to assess the feasibility
and need for the creation of a third-party PIC
administrator.
Deficient Performance Measurements
SBC shall provide to the Bureau a full and complete
explanation for its deficient performance relating to
the metrics identified below and a detailed description
of all enhancements or actions that SBC has taken or is
considering taking , if any, to remedy its deficient
performance in these areas:
· PM 15a-1691400 - Average Time to Restore
Provisioning Troubles (Prior to Service Order
Completion)
· PM 19-1993600 - Customer Trouble Report Rate:
Statewide Platform Basic Port and Loop
· PM 19-1994100 - Customer Trouble Report Rate:
Statewide UNE Loop 2-Wire Digital Line Sharing
· PM 21-2196001 - Average Time to Restore:
Statewide UNE Loop 4-Wire Digital 1.544
· PM 21-2197401 - Average Time to Restore:
Statewide UNE Platform Basic Port
· PM 23-2392801 - Frequency of Repeat Troubles in
a 30-Day Period: Statewide UNE Loop 2-Wire
Digital XDSL Capable
· PM 23-2394000 - Frequency of Repeat Troubles in
a 30-Day Period: Statewide UNE Loop 2-Wire
Digital Line Sharing
E. Nevada Checklist Items
Checklist Item 2 - Unbundled Network Elements
Pre-Ordering
· PM 1 - NV Average Response Time
Ordering and Provisioning
· PM 2 - CA Average FOC/LSC Notice Interval
· PM 6 - CA Average Jeopardy Notice Interval
· PM 11 - CA Percent of Due Dates Missed
Maintenance and Repair
· PM 19 - CA Customer Trouble Report Date
· PM 20 - CA Percentage of Customer Trouble
Not Resolved Within Estimated Time
· PM 21 - CA Average Time to Restore
· PM 23 - CA Frequency of Repeat Troubles in
30-Day Period
Checklist Item 4 - Unbundled Local Loops
Voice-Grade Loops
· PM 23-2392601 - CA Frequency of Repeat
Troubles Within 30 Days
High-Capacity Loops
· PM 5-523300 - CA Percent of Orders Given
Jeopardy Notice
· PM 11 - CA Percent of Due Dates Missed
· PM 12 - CA Percent of Due Dates Missed Due
to Lack of Facilities
· PM 21-2195801 - CA Average Time to Restore
· PM 23-2392801 - CA Frequency of Repeat
Troubles in a 30-Day Period
· PM 1-105600 - CA Average Time to Pre-Order
Mechanical Loop
Qualification Actual - Verigate
· PM 1-106007 - CA Average Time to Pre-
Order Mechanical Loop
Qualification Actual - EDI-CORBA
· PM 6-648200 - CA Average Jeopardy Notice
Interval
· PM 21-2196001 - CA Average Time to Restore
UNE Loop 4-WireDigital HDSL
Checklist Item 1 - Interconnection
· PM 24 - 240010 - NV Percent Blocking on
Common Trunks
F. Other Information Requests for Nevada
Deficient Performance Measurement
SBC shall provide to the Bureau a full and complete
explanation for its deficient performance relating to
the metric identified below and a detailed description
of all enhancements or actions that SBC has taken or is
considering taking, if any, to remedy its deficient
performance in this area:
· PM 7- 705900 - Average Completion Interval:
Interconnection Trunks
III. PHASE II SUBMISSION
The Consolidated Phase II Review for California and Nevada
shall encompass, as to SBC's compliance in California, the period
from the date of release of the California Order through March 1,
2004, and, as to SBC's compliance in Nevada, the period from the
date of release of the Nevada Order through March 1, 2004. On
March 1, 2004, SBC shall produce to the Bureau its Consolidated
Phase II Review Submission containing information to be described
in a subsequent directive from the Bureau. At the present time,
the Bureau anticipates that SBC will be required to provide in
its Consolidated Phase II Review Submission, at a minimum,
updated information of that required to be filed by SBC in its
Consolidated Phase I Submission.
Thank you for your cooperation during the Bureau's
Consolidated Compliance Review of California and Nevada. If you
have any questions, please contact Gary Schonman of my staff at
202-418-1795.
Sincerely,
William H. Davenport
Deputy Division Chief
Investigations and Hearings
Division
Enforcement Bureau
_________________________
1 We acknowledge receipt of SBC's follow-up letter to the May
20, 2003, conference call. See Letter from Paul M Beck,
Associate Director - Federal Regulatory, SBC Telecommunications,
Inc., to Constance Heller, Auditor, Investigations and Hearings
Division, Enforcement Bureau, FCC, dated May 21, 2003.
2 The Bureau commenced its Section 271 Compliance Program for
California following the Commission's grant of SBC's application
to provide in-region, interLATA long distance service in
California. 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, FCC 02-330
(rel. December 19, 2002) (``California Order'').
3 The Bureau commenced its Section 271 Compliance Program for
Nevada following the Commission's grant of SBC's application to
provide in-region, interLATA long distance service in Nevada.
See In the Matter of Application by SBC Communications Inc.,
Nevada Bell Telephone Company, and Southwestern Bell
Communications Services, Inc., for Authorization To Provide In-
Region, InterLATA Services in Nevada, FCC 03-80 (rel. April 14,
2003) (``Nevada Order'').
4 The schedule set forth herein applicable to SBC's submission
of information for California supercedes all previously specified
deadlines. No deadlines have previously been established for the
submission of information by SBC for Nevada.