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Jonathan Banks
General Counsel-BellSouth D.C.
1133 21st Street, N.W., Suite 900
Washington, D.C. 20036-3351
Fax (202) 463-4141
RE: Section 271 Compliance Review Program for Alabama,
Kentucky, Mississippi, North Carolina, and South
Carolina
Dear Mr. Banks:
As you know, the Commission recently granted BellSouth's
application to provide in-region interLATA toll service in
Alabama, Kentucky, Mississippi, North Carolina, and South
Carolina pursuant to section 271 of the Communications Act of
1934, as amended (``the Act''). See Joint Application by
BellSouth Corporation, BellSouth Telecommunications, Inc., and
BellSouth Long Distance, Inc. for Provision of In-Region,
InterLATA Services in Alabama, Kentucky, Mississippi, North
Carolina, and South Carolina, WC Docket No. 02-150, Memorandum
Opinion and Order, FCC 02-260 (rel. Sept. 18, 2002) (``Order'').
The Enforcement Bureau (``the Bureau''), therefore, will now
monitor BellSouth'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 BellSouth through the duration of the
review and to monitor BellSouth's performance in Alabama,
Kentucky, Mississippi, North Carolina, and South Carolina. The
primary team members responsible for this review are Hillary
DeNigro, Attorney and Mark Gerner, Auditor.
During the review, the Team will closely review BellSouth'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. A representative from
the Bureau will contact BellSouth to schedule a planning meeting
with BellSouth representatives and the Team overseeing the
review. The purpose of this meeting is to provide BellSouth 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 BellSouth's performance that the Team
will review. BellSouth 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 BellSouth memorializing
the discussions at the meeting and describing the information
BellSouth is responsible for submitting to the Bureau
approximately six months after the approval date (i.e., February
18, 2002). The Team will also continue to monitor BellSouth's
performance during Phase 1 through the monthly carrier to carrier
performance reports the Commission's Order required BellSouth 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 BellSouth. The information responsive to this
request will be due at the end of this period (approximately
August 18, 2003). At that time, the Bureau will require
BellSouth to update information it already submitted and to
provide additional information concerning its continuing
performance in Alabama, Kentucky, Mississippi, North Carolina,
and South Carolina. Also, as in Phase 1, the Team will continue
to monitor BellSouth'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
BellSouth 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 BellSouth
to provide additional information or to attend additional
meetings with BellSouth employees who have expertise in specific
subject matters. These additional inquiries may supplement
existing requests or may encompass new inquiries.
Finally, BellSouth 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 Anthony Dale, Assistant Chief, Investigations and
Hearings Division at (202) 418-2260 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: Kathleen B. Levitz
Vice President - Federal Regulatory Attachment
Section 271 Compliance Review Program
BellSouth: Alabama, Kentucky, Mississippi, North Carolina, and
South Carolina
Commission Identified Compliance Review Subjects1
I. Data Reliability (See 5 State Order (``Order''), paragraphs
13-19)
II. Checklist Item 1: Interconnection
II.A. Outages (See Order, paragraph 216)
II.B. Pricing (See Order, paragraph 227)
III. Checklist Item 2: Unbundled Network Elements
III.A. Change Control Process and Adherence to Process
(See Order, paragraph 179)
III.B. OSS
III.B.1. Pre-ordering
III.B.1)a. Interface Slowdowns/Outages (See
Order, paragraph 137)
III.B.2. Ordering
III.B.2)a. FOC and Reject Notice Timeliness
(See Order, paragraphs 145, 148, 149)
III.B.2)b. Order Flow-Through (See Order,
paragraph 152)
III.B.2)c. Jeopardy Notices (See Order,
paragraph 158)
III.B.2)d. Service Order Accuracy (See Order,
paragraphs 159)
III.B.2)e. DSL Universal Service Order Code
(See Order, paragraphs 162-63)
III.B.2)f. Ordering for Line Shared Loops (See
Order, paragraph 166)
III.B.2)g. Dial Around Compensation (See
Order, paragraph 168)
III.B.3. Provisioning
III.B.3)a. Quality Service Problems (See
Order, paragraph 170)
III.B.4. Maintenance and Repair
III.B.4)a. Trouble Report Rates (See Order,
paragraph 173)
III.B.5. Billing
III.B.5)a. Invoice Accuracy, Timeliness,
Completeness (See Order, paragraphs 174-75)
III.B.6. UNE Combos
III.B.6)a. Timely Access to EELS (See Order,
paragraph ¶ 211)
IV. Checklist Item 4: Unbundled Loops
IV.A. xDSL and UCL-ND Loops (See Order, paragraph 236-
37)
IV.B. ISDN Loops (See Order, paragraph 239)
IV.C. High Capacity Loops (See Order, paragraph 237)
V. Checklist Item 11: Number Portability
V.A. Double Billing (See Order, paragraph 262)
V.B. Loss of Inbound Calling (See Order, paragraph 263)
VI. Public Interest
VI.A. BSLD Rejection of CLEC LSR's (See Order, paragraph
298)
VI.B. Premature Long Distance Marketing (See Order,
paragraphs 299-301)
_________________________
1 Consistent with the representation in the letter pertaining
to the scope of the Bureau's review, the Bureau may monitor for
enforcement purposes other subjects or performance indicators not
expressly noted by the Commission in the 5 State Order or in this
Attachment.