******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. 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 Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) In the Matter of ) ) File No. EB-00-IH-0113 ) ) Acct. No. X32080012 GTE Service Corporation ) ) ORDER Adopted: July 31, 2000 Released: August 1, 2000 By the Commission: 1. The Commission has been conducting an informal investigation into potential violations by GTE Service Corporation (GTE) of section 251(c)(6) of the Communications Act of 1934, as amended, and section 51.323(k) of the Commission's rules, in connection with GTE's failure to include cageless collocation in its physical collocation offering during the period June 1, 1999 to August 1, 1999. 2. The Commission and GTE 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 GTE 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)(6), and 503(b) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), 251(c)(6), 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