DA # 02-1322
June 6, 2002
The Federal Communications Commission's Enforcement Bureau has established a Section 271 Compliance Review Program. As Bell Operating Companies (``BOCs'') receive authority to provide long distance service within their regions, the staff of the newly formed Section 271 Compliance Review Team will now monitor on a more structured and systematic basis the companies' compliance with the market opening conditions of section 271 of the Telecommunications Act of 1996. This Program will augment the Enforcement Bureau's existing section 271 oversight and will enhance the Bureau's ability to identify and act upon non-compliant conduct in a timely and appropriate manner.
Attorneys, auditors, and other professionals in the Enforcement Bureau's Investigations and Hearings Division (``IHD'') staff the Team. It will implement the Compliance Review Program for each newly filed section 271 application and will continue to monitor the BOCs' ongoing performance in those states where the Commission has already granted section 271 authority. The Team oversight responsibilities are divided according to BOC region, with a dedicated group maintaining responsibility for each region.
Following Commission approval of a section 271 application, the Team will scrutinize BOC performance data and other pertinent information to determine whether such documentation indicates that a BOC is continuing to meet its section 271 obligations. This process will include regular compliance reviews six and 12 months after approval, with specific focus on any particular concerns raised by the Commission in the order granting a BOC section 271 authority. The Team members will also serve as a point of contact for state commissions, competitive carriers, and other interested persons who may wish to report informally any perceived instances of noncompliance with section 271. Finally, if the Team determines a BOC may not be in compliance, it will initiate an investigation and, if warranted, take or recommend appropriate enforcement action.
Any person with information indicating that a BOC may no longer be in compliance with section 271 may contact Maureen F. Del Duca, Deputy Chief, Investigations and Hearings Division, at (202) 418-1420.
In addition, separate from the Section 271 Compliance Review Program, any person may file a formal complaint under sections 208 and 271(d)(6) of the Communications Act regarding BOC non-compliance with section 271. The Bureau strongly recommends that any person contemplating filing such a complaint first contact Radhika Karmarkar, Deputy Chief, Market Disputes Resolution Division, at (202) 418-7330.
By the Chief, Enforcement Bureau.