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Commissioner Harold Furchtgott-Roth
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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
)
In the Matter of )
) File No. EB-00-IH-0134
)
) Acct. No. X32080035
BellSouth Corporation )
)
ORDER
Adopted: October 27, 2000 Released: November
2, 2000
By the Commission: Commissioner Furchtgott-Roth dissenting and
issuing a statement.
1. In this Order, we terminate an informal investigation
into potential violations by BellSouth Corporation (BellSouth) of
section 251(c)(1) of the Communications Act of 1934, as amended,
and section 51.301 of the Commission's rules, in connection with
BellSouth's alleged failure to negotiate in good faith the terms
and conditions of an amendment to an interconnection agreement
with Covad Communications Company (Covad) relating to BellSouth's
provision of unbundled copper loops in nine states.
2. The Commission and BellSouth have negotiated the terms
of a Consent Decree that would terminate the Commission's
informal investigation. A copy of the Consent Decree is attached
hereto and is incorporated by reference.
3. We have reviewed the terms of the Consent Decree and
evaluated the facts before us. We believe that the public
interest would be served by approving the Consent Decree and
terminating the investigation.
4. Based on the record before us, and in the absence of
material new evidence relating to this matter, we conclude that
there are no substantial and material questions of fact as to
whether BellSouth possesses the basic qualifications, including
its character qualifications, to hold or obtain any FCC licenses
or authorizations.
5. Accordingly, IT IS ORDERED, pursuant to sections 4(i),
4(j), 251(c)(1), and 503(b) of the Communications Act, 47 U.S.C.
§§ 154(i), 154(j), 251(c)(1), and 503(b), that the Consent
Decree, incorporated by reference in and attached to this order,
is hereby ADOPTED.
6. IT IS FURTHER ORDERED that the Secretary SHALL SIGN the
Consent Decree on behalf of the Commission.
7. IT IS FURTHER ORDERED that the above captioned
investigation IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary