Download Word version

FCC Public Notice

FEDERAL COMMUNICATIONS COMMISSION
445 - 12th STREET S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500, Fax-On-Demand 202/418-2830,
TTY 202/418-2555
Internet http://www.fcc.gov or ftp.fcc.gov

DA 99-2480


OVERSIGHT TEAM CREATED TO MONITOR SBC's COMPLIANCE WITH MERGER CONDITONS
ASD 99-49

Released: November 8, 1999

The Commission staff has established a team composed of members of the Common Carrier Bureau and the Enforcement Bureau to monitor SBC Communications Inc.'s (SBC) compliance with the conditions associated with its recent merger with Ameritech. The purpose of this team is primarily three-fold. First, the team will actively monitor SBC's compliance with the merger conditions and ensure that SBC is executing the conditions consistently with the Commission's stated intent. Second, the team will serve as a point of contact for state commissions, competitors, and other interested parties to report any perceived instances of possible noncompliance. This informal process will enable the Commission to assist parties in quickly resolving disputes concerning SBC's compliance with the merger conditions. Third, the team will recommend appropriate enforcement action for any noncompliance by SBC with the conditions.

On October 8, 1999 the Commission issued an order granting the SBC/Ameritech merger subject to 30 conditions. These conditions were designed to accomplish five public interest goals: promote equitable and efficient advanced services deployment; ensure open local markets; foster significant out-of-region competition for the first time by a Bell Operating Company; improve residential phone service; and ensure compliance with the enforcement of the conditions. A timeline showing the dates for implementation of the conditions is attached to assist in tracking progress under the Merger Conditions.[1] The timeline, and additional information related to oversight of the Merger Conditions, is available on the Internet at http://www.fcc.gov/ccb/mcot/.

The team leaders of the merger oversight team are Anthony Dale, a senior attorney in the Accounting Safeguards Division of the Common Carrier Bureau and Radhika Karmarkar, Assistant Chief of the Market Disputes Resolution Division, Enforcement Bureau The team will report to the Chief of the Common Carrier Bureau and, with respect to possible enforcement matters, to the Chief of the Enforcement Bureau. Mr. Dale, adale@fcc.gov, and Radhika Karmarkar, rkarmark@fcc.gov, can be contacted by phone at (202) 418-2260 and (202) 418-1628, respectively. They can also be contacted by U.S. mail at the address listed above with copies to the Chiefs of the Common Carrier and Enforcement Bureaus.

News media contacts: Michael Balmoris, CCB at (202) 418-0253 or John Winston, EB at (202) 418-7450.

By the Chiefs, Common Carrier Bureau and Enforcement Bureau






SBC MERGER COMMITMENT IMPLEMENTATION TIMELINE

Date

Required Action

Prior to the Merger Closing Date

File for any state certifications or approvals necessary for the separate affiliate(s) to provide Advanced Services (¶¶ 4, 5)

Negotiate agreements between Advanced Services subsidiar(ies) and ILECs and file them for approval (¶ 5)

Incorporate Advanced Services subsidiar(ies) for SBC/Ameritech States (¶ 5)

File a collocation tariff and/or offer agreement amendments containing standard terms and conditions for collocation (¶ 38)

Retain one or more independent auditors to examine and issue an attestation report regarding the compliance with the collocation rules (¶ 39)

Select an independent auditor to conduct a full collocation compliance audit (¶ 40)

Recommend to the Commission an independent auditor to conduct the first annual compliance review (¶ 66)

Engage an independent auditor to perform an agreed-upon procedures review regarding compliance with separate Advanced Services affiliate requirements (¶ 67)

Friday, October 8, 1999

(Merger Closing Date)

Provide Advanced Services through separate affiliates in Ameritech States (¶ 6)

Provide access to non-discriminatory, electronic pre-order OSS access to theoretical loop length on an individual address basis, in all SBC States except Connecticut and Nevada (¶ 20)

Provide the FCC with an OSS Process Improvement Plan (¶ 25)

Continue providing UNEs under the same terms and conditions that UNEs were made available on January 24, 1999 (¶ 53)

File tariffs and/or offer amendments to interconnection agreements to implement the interim shared transport solution in the Ameritech States (¶ 55)

Withdraw Ameritech's proposal for the FCC to establish a separate transit service rate to be charged in conjunction with shared transport (¶ 55)

Continue participation in the Network Reliability and Interoperability Council or a successor organization, if any (¶ 64)

First billing cycle that begins after the Merger Closing Date

Eliminate all flat-rate monthly charges for access to the Remote Access Facility and the Information Services Call Center, and extra manual processing charges for access to standard, non-electronic order processing facilities used for orders of 30 lines or less (¶ 35)

Monday, October 18, 1999

(5 business days/10 days after the Merger Closing Date)

File tariffs necessary for the separate Advanced Services affiliate to provide Advanced Services that were provided by the ILEC on October 8, 1999, in Ameritech States (¶ 6)

File tariffs necessary for the separate Advanced Services affiliate to provide Advanced Services to customers that are providers of Internet services, in SBC States (¶ 6)

File with the Secretary of the Commission the independent auditor's report(s) on collocation terms and conditions and associated methods and procedures (¶ 39)

Monday, October 18, 1999
continued

Provide a written offer to amend each CLEC's interconnection agreement to incorporate the unbundled loop discount for carrier-to-carrier promotions (¶ 45)

Provide a written offer to amend each CLEC's interconnection agreement to incorporate the resale discount for carrier-to-carrier promotions (¶ 47)

Provide a written offer to amend each CLEC's interconnection agreement to incorporate carrier-to-carrier promotions for UNE platforms (¶ 50)

Monday, October 25, 1999

(10 business days following the Merger Closing Date)

General effective date for conditions unless otherwise specified (App. C at 1)

Provide direct access to SORD, and Ameritech's and SNET's equivalent service order processing systems for pre-ordering and ordering xDSL and Advanced Services (¶ 15)

Provide access to Ameritech's existing EDI interface in Ameritech States (¶ 15)

Offer to develop a method of direct access to SBC/Ameritech's service order processing systems for requesting CLECs (¶ 29)

Offer to develop and deploy enhancements to the existing EBI interface for OSS that support maintenance/repair (¶ 30)

Provide collocation consistent with the Commission's rules (¶ 37)

Implement waiver, credit, or refund to telecommunications carriers of 100 percent of the total nonrecurring collocation costs for qualifying collocation projects if SBC/Ameritech misses the collocation due date by more than 60 calendar days (¶ 41)

Offer to implement MFN provision based on out-of-region agreements (¶ 42)

Offer to implement MFN provision based on in-region agreements (¶ 43)

Offer to negotiate an interconnection and/or resale agreement covering the provision of interconnection arrangements, services, and/or UNEs in two or more SBC/Ameritech States (¶ 44)

Implement an alternative dispute resolution process to resolve carrier-to-carrier disputes, including disputes related to existing and effective interconnection agreements (¶ 54 & Attachment D)

Offer to conduct a trial with one or more interested, unaffiliated CLECs in each of five large cities within the SBC/Ameritech States to identify the procedures and associated costs required to provide CLECs with access to cabling within MDUs and multi-tenant premises, where SBC/Ameritech controls the cables (¶ 57)

Subject to owner approval, install and provide the new cables in a manner that will permit CLECs a single point of interface (¶ 58)

Appoint senior corporate compliance officer to ensure deadlines being met (¶ 65)

Monday, November 1, 1999

Performance Measurements: Implement and provide 2 months of performance data for Performance Measurements shown on Attachments A-2a and A-5a in SBC States except California, Nevada, and Connecticut (¶ 24)

Monday, November 8, 1999

(30 days after the Merger Closing Date falls on Sunday, November 7)

Provide new activations of all non-xDSL Advanced Services through separate affiliates in Ameritech States (compliance can be met 30 days after approval of necessary tariffs, whichever is later) (¶ 6)

Monday, November 8, 1999
continued

Until SBC/Ameritech has developed and deployed OSS options for pre-ordering and ordering xDSL and other Advanced Services components and the EDI interface is used by the Advanced Services affiliate for pre-ordering and ordering a substantial majority of Advanced Services components, make available through the inclusion of appropriate terms in interconnection agreements, a discount of 25 percent from the recurring and nonrecurring charges that otherwise would be applicable for unbundled local loops used to provide Advanced Services in the same relevant geographic area (¶ 18)

Begin negotiation with interested CLECs a uniform change management process. Twelve months after the commencement of negotiations, develop and offer to state commissions a uniform change management process for acceptance and approval, and implement those aspects of the uniform change management process that are consistent with state commission rulings, agreed-to with the CLEC participants, and feasible (¶ 32)

Designate and make available to qualifying CLECs (for a minimum of 36 months) one or more teams of a sufficient number of OSS experts, provided such qualifying CLECs have contracted for OSS in their interconnection agreements and attended any required training (¶ 36)

Begin an Offering Window period to offer promotional discounted prices on monthly recurring charges for unbundled local loops used in the provision of local service to residential end user customers, ordered after October 8, 1999 (¶ 46)

Begin an Offering Window period to offer promotional resale discounts on telecommunications services that SBC/Ameritech provides at retail to subscribers who are not telecommunications carriers, where such services are resold to residential end user customers and ordered after October 8, 1999 (¶¶ 48-49)

Begin an Offering Window period to offer promotional, end-to-end combinations of UNEs to provide CLECs with residential POTS service and residential Basic Rate Interface ISDN service, where such combinations are ordered after October 8, 1999 (¶¶ 51-52)

Offer to file tariff for enhanced lifeline plan with state commission and copy to FCC (except in Ohio), with conditions comparable to the Ohio Universal Service Assistance plan, to be filed within 60 days of acceptance of the offer (¶ 61)

Offer, at the state commission's option, to extend Ameritech's Universal Service Assistance Lifeline plan until January 6, 2003, in Ohio (¶ 61)

Tuesday, November 16, 1999

(10 business days after November 1)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to implement and provide 2 months of performance data for Performance Measurements shown on Attachments A-2a and A-5a in SBC States except California, Nevada, and Connecticut (¶ 24)

Monday, November 22, 1999

(45 days after the Merger Closing Date)

Independent auditor to submit preliminary audit requirements to FCC audit staff (¶ 66)

Independent auditor to submit preliminary audit requirements to FCC audit staff regarding compliance with the Advanced Services affiliate requirements (¶ 67)

Wednesday, December 1, 1999

(First day of the first month that begins more than 30 days after the Merger Closing Date)

Performance Measurements: Implement and provide 2 months of performance data for performance measurements shown on Attachments A-2b and A-5b in California and Nevada, using the California business rules described in Attachment A-2b (¶ 24)

Tuesday, December 7, 1999

(60 days after the Merger Closing Date)

Target date for completion of Phase 1 of the development and deployment of enhancements to existing Datagate and EDI interfaces (¶ 15)

Notify all qualifying CLECs certificated and who have interconnection agreements with SBC/Ameritech operating in SBC/Ameritech States of the availability of OSS expert teams (¶ 36)

Independent auditor to submit preliminary audit requirements, including the proposed scope of the audit and the extent of compliance and substantive testing, to the Commission's Audit Staff (¶ 40) (collocation audit)

Offer generic interconnection and resale terms and conditions covering the SBC/Ameritech Service Area in all SBC/Ameritech States (¶ 44)

Submit plan for compliance with established conditions (¶ 65)

File a letter with the Secretary of the Commission regarding satisfaction of the requirement to submit a plan for compliance with established conditions (¶ 65)

Friday, December 10, 1999

(60 days + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the target for completion of Phase 1 of the development and deployment of enhancements to existing Datagate and EDI interfaces (¶ 15)

Wednesday, December 15, 1999

(10 business days after the first day of the first month that begins more than 30 days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to implement and provide 2 months of performance data for performance measurements shown on Attachments A-2b and A-5b in California and Nevada, using the California business rules described in Attachment A-2b (¶ 24)

Thursday, January 6, 2000

(90 days after the Merger Closing Date)

Begin Phase 2 of the development and deployment of enhancements to existing Datagate and EDI interfaces, if one or more CLEC(s) has requested enhancements that are different from what is contained in the Plan of Record. If no CLEC has requested enhancements, Phase 2 will be considered completed (¶ 15)

Provide non-discriminatory access to loop make-up information that is available in SBC/Ameritech's records, in response to address-specific written requests (¶ 20)

Reasonably classify all SBC/Ameritech wire centers as either urban or rural wire centers, in consultation with state commissions should the state commission choose to engage in such consultation (¶ 22)

Implement and provide 2 months of performance data for Performance Measurements 2, 4-5, 10-13, 15, and 17-19, as shown on Attachments A-2a and A-5a, in Ameritech States (¶ 24)

Identify and discuss in one or more CLEC forums training and procedures beneficial to qualifying CLECs operating in the SBC/Ameritech States (¶ 36)

File on a quarterly basis, state-by-state service quality reports in accordance with the retail service quality reporting recommendations of the NARUC Technology Policy Subgroup, in SBC/Ameritech States except California and Nevada (¶ 62)

Thursday, January 6, 2000
continued

Continue to report ARMIS data required by the Commission separately for each operating company, and make service quality data based on NARUC report available on an SBC/Ameritech website or to state commissions in SBC/Ameritech States (¶ 63)

Determine, making good-faith efforts with the Chief of the Common Carrier Bureau and the independent auditor, the procedures to be used in the agreed-upon procedures engagement regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

Tuesday, January 11, 2000

(90 days + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding completion of Phase 2 of the development and deployment of Datagate or EDI interfaces, if no CLEC has requested enhancements that are different from what is contained in the Plan of Record (¶ 15)

Friday, January 21, 2000

(90 days + 10 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to implement and provide 2 months of performance data for Performance Measurements 2, 4-5, 10-13, 15, and 17-19, as shown on Attachments A-2a and A-5a, in Ameritech States (¶ 24)

Monday, February 7, 2000

(120 days after the Merger Closing Date falls on Saturday, February 5)

Notify all qualifying CLECs certificated and operating in SBC/Ameritech States of training and procedures (¶ 36)

Monday, March 6, 2000

(150 days after the Merger Closing Date)

Implement and provide 2 months of performance data for Performance Measurements 1, 3, 6-9, 14, 16, and 20, as shown in Attachments A-2a and A-5a, in Ameritech States (¶ 24)

Target date for completion of Phase 1 of the development and deployment of uniform application-to-application interfaces and graphical user interfaces (¶ 28)

Thursday, March 9, 2000

(150 days + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the target for completion of Phase 1 of the development and deployment of uniform application-to-application interfaces and graphical user interfaces (¶ 28)

Wednesday, March 15, 2000

File annual compliance report for 1999 (¶ 65)

Monday, March 20, 2000

(150 days + 10 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to implement and provide 2 months of performance data for Performance Measurements 1, 3, 6-9, 14, 16, and 20, as shown in Attachments A-2a and A-5a, in Ameritech States (¶ 24)

Wednesday, April 5, 2000

(180 days after the Merger Closing Date)

Date after which incumbent LEC employees may only access the incumbent LEC's loop information through the same interfaces, OSS, processes, and procedures as are made available to unaffiliated telecommunications carriers, as described in ¶¶ 15, 19, 20, when performing joint marketing activities with a separate Advanced Services affiliate in all states except Connecticut (¶¶ 3, 4)

Date after which a separate Advanced Services affiliate may not obtain network planning, engineering, design, and assignment services for Advanced Services Equipment, as defined in ¶ 3d, on an exclusive basis from an incumbent LEC (¶ 3)

Wednesday, April 5, 2000 continued

Provide Advanced Services through separate affiliates in SBC States for the embedded base of Advanced Services customers that are providers of Internet services (compliance date can also be 30 days after state approval of all necessary agreements, or 30 days after approval of any necessary tariffs, whichever is later). If such services are determined to be jurisdictionally intrastate and state certification is required, the obligation shall apply 30 days after state approval of any required certification (¶ 6)

Provide Advanced Services through separate affiliates in SBC States for the embedded base of Advanced Services customers that are not providers of Internet services (compliance date can also be 30 days after state approval of any necessary certification, tariffs, or any other required state authorization; or 30 days after state approval of all necessary agreements, whichever is later). The transition period may be prolonged in Connecticut as a consequence of state-law restrictions (¶ 6)

Order facilities and/or services needed to provide Advanced Services in SBC/Ameritech States through separate affiliates utilizing the same interfaces as unaffiliated providers of Advanced Services (¶ 6)

Provide access to the same pre-order interface(s) utilized by SBC/Ameritech's retail operations to obtain theoretical local loop length information, or in the alternative, utilize the same Datagate and/or Verigate pre-order interfaces that are available to unaffiliated telecommunications carriers, in SBC States except Connecticut (¶ 15)

File cost studies and proposed rates for conditioning xDSL loops in each SBC/Ameritech State that has not already started or completed cost proceedings for these services (¶ 21)

File on a quarterly basis with the Commission, a status report of xDSL roll-out (¶ 22)

Begin trial, if requested, to identify procedures and associated costs required to provide CLECs with access to cabling within MDUs and MTUs, for a period not greater than 12 months, if requested by a CLEC (¶ 57)

File on a quarterly basis, state-by-state Service Quality reports in accordance with the retail service quality reporting recommendations of the NARUC Technology Policy Subgroup, in California and Nevada (¶ 62)

Wednesday, July 5, 2000

(270 days after the Merger Closing Date falls on Tuesday, July 4)

Transfer any non-xDSL Advanced Services provided by Ameritech on a retail or wholesale basis in the Ameritech States prior to October 8, 1999 to a separate affiliate, in Ameritech States (compliance date can also be 30 days after state approval of all necessary agreements with the affiliated incumbent LEC, or 30 days after approval of any tariffs necessary for the separate affiliate to provide such services, whichever is later) (¶ 6)

Tuesday, August 1, 2000

(First month that starts at least 270 days after the Merger Closing Date)

Obligation to begin making voluntary performance payments to the U.S. Treasury, in SBC and Ameritech States except Connecticut (¶ 24)

Tuesday, August 8, 2000

(10 months after the Merger Closing Date)

Independent auditor to submit final collocation audit report to the Commission's Audit Staff (¶ 40)

Friday, September 1, 2000

File final audit report for 1999 (¶ 66) (overall compliance audit)

File final audit report for 1999 regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

Tuesday, October 10, 2000

(12 months after the Merger Closing Date falls on Sunday, October 8; Monday, October 9 is a holiday)

Conclude transition period for incumbent LECs to receive and process Advanced Services-related trouble reports and perform related trouble isolation, as described in ¶ 4j, on behalf of a separate Advanced Services affiliate on an exclusive basis (¶¶ 3, 4)

Provide access to non-discriminatory, electronic pre-order Internet access to theoretical loop length based upon a zip code of end users in a wire center, at no additional charge (¶ 20)

Implement and provide 2 months of performance data for all Performance Measurements in Connecticut (¶ 24)

Provide availability of shared transport in Ameritech States under terms and conditions, other than rate structure and price, that are substantially similar to the most favorable terms SBC/Ameritech offers to CLECs in Texas as of August 27, 1999 (¶ 56)

Install local switch for new markets or otherwise obtain switching capability in Boston, Miami, and Seattle (¶ 59)

Provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in Boston, Miami, and Seattle (¶ 59)

Friday, October 13, 2000

(12 months + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to install a local switch for new markets or otherwise obtain switching capability in Boston, Miami, and Seattle (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in Boston, Miami, and Seattle (¶ 59)

Tuesday, October 24, 2000

(12 months + 10 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to implement and provide 2 months of performance data for all Performance Measurements in Connecticut (¶ 24)

Tuesday, October 31, 2000

(60 days after submission of the audit)

Meet with audit staff regarding changes to the audit program (¶ 66) (overall compliance audit)

Meet with audit staff regarding changes to the audit program for compliance with the separate Advanced Services affiliate requirements (¶ 67)

Friday, December 8, 2000

(14 months after the Merger Closing Date)

Develop and deploy enhancements to the existing Datagate or EDI interfaces for pre-ordering xDSL and other Advanced Services components, and enhancements to the existing EDI interface for ordering xDSL and other Advanced Services components, in SBC/Ameritech States except Connecticut (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 15)

Thursday, February 1, 2001

(First month that starts at least 15 months after the Merger Closing Date)

Obligation to begin making voluntary performance payments to the U.S. Treasury, in Connecticut (¶ 24)

Thursday, March 15, 2001

File annual compliance report for 2000 (¶ 65)

Monday, April 9, 2001

(18 months after the Merger Closing Date falls on Sunday, April 8)

Install local switch for new markets or otherwise obtain switching capability in 12 additional markets (¶ 59)

Provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in 12 additional markets (¶ 59)

Thursday, April 12, 2001

(18 months + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to install local switch for new markets or otherwise obtain switching capability in 12 additional markets (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in 12 additional markets (¶ 59)

Wednesday, August 8, 2001

(22 months after the Merger Closing Date)

Date after which incumbent LEC employees may only access the incumbent LEC's loop length information through the same pre-order OSS access as is made available to unaffiliated telecommunications carriers, as described in ¶ 20, when performing joint marketing activities with a separate Advanced Services affiliate in Connecticut (¶ 3)

Provide non-discriminatory, electronic pre-order OSS access to theoretical loop length on an individual address basis, in Connecticut and Ameritech States (¶ 20)

Tuesday, September 4, 2001

(September 1 is a Saturday; Monday is a holiday)

File final audit report for 2000 (¶ 66) (overall compliance audit)

File final audit report for 2000 regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

Tuesday, October 9, 2001

(24 months after the Merger Closing Date falls on Monday, October 8, a holiday)

Develop and deploy commercially ready, uniform application-to-application interfaces in SBC/Ameritech States except Connecticut (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 26)

Develop and deploy uniform graphical user interfaces in SBC/Ameritech States except Connecticut (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 27)

Have collocated facilities (physical, virtual or otherwise) in 10 wire centers in market that can be used to offer facilities-based local services to customers served by those wire centers in Boston, Miami, and Seattle (¶ 59)

Offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated in Boston, Miami, and Seattle (¶ 59)

Offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA in Boston, Miami, and Seattle (¶ 59)

Friday, October 12, 2001

(24 months + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to have collocated facilities in 10 wire centers in Boston, Miami, and Seattle (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated in Boston, Miami, and Seattle (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA in Boston, Miami, and Seattle (¶ 59)

Monday, November 5, 2001

(60 days after submission of the audit is Saturday, November 3)

Meet with audit staff regarding changes to audit program (¶ 66) (overall compliance audit)

Meet with audit staff regarding changes to the audit program for compliance with the separate Advanced Services affiliate requirements (¶ 67)

Friday, March 15, 2002

File annual compliance report for 2001 (¶ 65)

Monday, April 8, 2002

(30 months after the Merger Closing Date)

Date after which incumbent LEC employees may only access the incumbent LEC's loop information through the same Datagate/EDI interfaces as are made available to unaffiliated telecommunications carriers, as described in ¶ 15, when performing joint marketing activities with a separate Advanced Services affiliate in Connecticut (¶ 3)

Develop and deploy enhancements to the existing Datagate or EDI interfaces for pre-ordering xDSL and other Advanced Services components, and enhancements to the existing EDI interface for ordering xDSL and other Advanced Services components in Connecticut (¶ 15)

Develop and deploy commercially ready, uniform application-to-application interfaces in Connecticut (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 26)

Develop and deploy uniform graphical user interfaces in Connecticut (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 27)

Develop with CLECs, and deploy either (i) a software solution that shall ensure that CLEC-submitted local service requests are consistent with SBC/Ameritech's business rules, or (ii) uniform business rules for completing CLEC local service requests, excluding those differences caused by state regulatory requirements and product definitions (assuming the duration of Phase 2, the collaborative process with CLECs, is no longer than 30 days) (¶ 31)

Install local switch for new markets or otherwise obtain switching capability in last 15 markets (compliance date may instead be 60 days after authorization to provide interLATA service to 60% of access lines, whichever is later) (¶ 59)

Provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in last 15 markets (compliance date may instead be 60 days after authorization to provide interLATA service to 60% of access lines, whichever is later) (¶ 59)

Have collocated facilities (physical, virtual or otherwise) in 10 wire centers in market that can be used to offer facilities-based local services to customers served by those wire centers, in 12 additional markets (¶ 59)

Offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated, in 12 additional markets (¶ 59)

Offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA, in 12 additional markets (¶ 59)

Thursday, April 11, 2002

(30 months + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to install a local switch for new markets or otherwise obtain switching capability in last 15 markets (filing date may instead be 60 days + 3 business days after authorization to provide interLATA service to 60% of access lines, whichever is later) (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to provide facilities-based local exchange service to 3 unaffiliated business and/or non-employee residential customers in last 15 markets (filing date may instead be 60 days + 3 business days after authorization to provide interLATA service to 60% of access lines, whichever is later) (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to have collocated facilities in 10 wire centers in each of 12 additional markets (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated, in 12 additional markets (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA, in 12 additional markets (¶ 59)

Tuesday, September 3, 2002

(September 1 is Sunday; Monday is a holiday)

File final audit report for 2001 (¶ 66) (overall compliance audit)

File final audit report for 2001 regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

Monday, November 4, 2002

(60 days after submission of the audit is Saturday, November 2)

Meet with audit staff regarding changes to audit program (¶ 66) (overall compliance audit)

Meet with audit staff regarding changes to the audit program for compliance with the separate Advanced Services affiliate requirements (¶ 67)

Monday, March 17, 2003

File annual compliance report for 2002 (¶ 65)

Tuesday, April 8, 2003

(42 months after the Merger Closing Date)

Have collocated facilities (physical, virtual or otherwise) in 10 wire centers in market that can be used to offer facilities-based local services to customers served by those wire centers, in last 15 markets (compliance date may instead be 14 months after authorization to provide interLATA service to 60% of access lines) (¶ 59)

Offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated, in last 15 markets (compliance date may instead be 14 months after authorization to provide interLATA service to 60% of access lines) (¶ 59)

Offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA, in last 15 markets (compliance date may instead be 14 months after authorization to provide interLATA service to 60% of access lines) (¶ 59)

Friday, April 11, 2003

(42 months + 3 business days after the Merger Closing Date)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to have collocated facilities in 10 wire centers in each of the last 15 markets (filing date may instead be 14 months + 3 business days after authorization to provide interLATA service to 60% of access lines) (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer facilities-based local exchange services to all business and residential customers served by wire centers in market where collocated, in last 15 markets (filing date may instead be 14 months + 3 business days after authorization to provide interLATA service to 60% of access lines) (¶ 59)

File a notice with the Secretary of the Commission regarding satisfaction of the requirement to offer local exchange service to all business and residential customers that are within (i) local service area of incumbent RBOC within the PMSA or (ii) incumbent service area of a Tier 1 ILEC serving at least 10% of access lines in the PMSA, in last 15 markets (filing date may instead be 14 months + 3 business days after authorization to provide interLATA service to 60% of access lines) (¶ 59)

Tuesday, September 2, 2003

(September 1 is a holiday)

File final audit report for 2002 (¶ 66) (overall compliance audit)

File final audit report for 2002 regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

Monday, November 3, 2003

(60 days after submission of the audit is Saturday, November 1)

Meet with audit staff regarding changes to audit program (¶ 66) (overall compliance audit)

Meet with audit staff regarding changes to the audit program for compliance with the separate Advanced Services affiliate requirements (¶ 67)

Monday, March 15, 2004

File annual compliance report for 2003 (¶ 65)

Wednesday, September 1, 2004

File final audit report for 2003 (¶ 66) (overall compliance audit)

File final audit report for 2003 regarding compliance with the separate Advanced Services affiliate requirements (¶ 67)

March 15, 200_

File annual compliance report for prior year, if SBC had obligations under the Merger Conditions in that year (¶ 65)

September 1, 200_

File final audit report for the prior year, if SBC had obligations under the Merger Conditions in that year. [If necessary for a subsequent audit, meet with audit staff regarding changes to audit program 60 days after submission of the audit.] (¶ 66) (overall compliance audit)

File final audit report for the prior year, if SBC had obligations under the Merger Conditions in that year regarding compliance with the separate Advanced Services affiliate requirements. [If necessary for a subsequent audit, meet with audit staff regarding changes to audit program 60 days after submission of the audit.] (¶ 67)

Timing Dependent on External Factors

Date

Required Action

30 days after state approval of all necessary agreements with the affiliated incumbent LEC

Provide Advanced Services through a separate affiliate in SBC States for new activation of customers that are providers of Internet services. Compliance can also be met 30 days after approval of any necessary tariffs, whichever is later. If such services are determined to be jurisdictionally intrastate, and state certification is required to provide new activations of Advanced Services to customers that are providers of Internet services, the obligation shall apply 30 days after state approval of any certification that the state deems required (¶ 6)

Provide Advanced Services through a separate affiliate in SBC States for new activations of Advanced Services to customers that are not providers of Internet services. Compliance can also be met 30 days after: state approval of any certification that the state deems required for the separate Advanced Services affiliate, or approval of any tariffs necessary for the separate Advanced Services affiliate, whichever is later (¶ 6)

3 business days after state approval of any certification that the state deems required for the separate Advanced Services affiliate to provide Advanced Services in that state

File any tariffs necessary for the separate Advanced Services affiliate to provide Advanced Services to customers that are not providers of Internet services, in SBC States (¶ 6)

3 business days after obtaining all necessary certifications, authorizations, and/or approvals to provide new activations of an Advanced Service through a separate affiliate in a state

File tariff changes with the Commission and/or state commission to terminate the offering of new activations by the incumbent LEC, and cease pro-active marketing or sales of new activations from the tariffs of the incumbent LEC (¶ 6)

180 days after electronic, pre-order OSS access to theoretical loop length is made available in the SBC/Ameritech Service area within California

Provide non-discriminatory, electronic pre-order OSS access to theoretical loop length on an individual address basis in Nevada (¶ 20)

After Wednesday, April 5, 2000, by the time SBC/Ameritech has deployed xDSL in at least 20 urban wire centers in a particular state

Deploy xDSL in wire centers from the Low Income Urban Pool for at least 10 percent of the urban wire centers in a state in which SBC/Ameritech deploys xDSL (¶ 22)

After Wednesday, April 5, 2000, by the time SBC/Ameritech has deployed xDSL in at least 20 rural wire centers in a particular state

Deploy xDSL in wire centers from the Low Income Rural Pool for at least 10 percent of the rural wire centers a state in which SBC/Ameritech deploys xDSL (¶ 22)

Within 12 months of a completed contract

Develop and deploy enhancements to the existing EBI interface for OSS that support maintenance/repair in SWBT, PacBell, and Nevada Bell States (¶ 30)

Within 12 months of a completed contract (or in conjunction with the introduction of the EBI interface, whichever is later)

Provide enhancements to the EBI interface in Connecticut and Ameritech States (¶ 30)

36 months from a date a qualifying unbundled local loop is installed and operational

Promotional period for unbundled local loop discounts (promotional period may instead last through the period during which the loop remains in service at the same location and for the same carrier, whichever is shorter) (¶ 46)

36 months from a date a qualifying resold service is installed and operational

Promotional period for resale discounts (promotional period may instead last through the period during which the resold service remains in service at the same location and for the same carrier, whichever is shorter) (¶ 48)

36 months from the date a promotional UNE platform is installed and operational

Promotional period for promotional UNE platform (promotional period may instead last during the period in which the UNE platform remains in service at the same location and for the same carrier, whichever is shorter) (¶ 51)

First day after the Merger Closing Date on which interLATA services provided under Section 271 in an SBC/Ameritech State, or when local telephone exchange service provided to residential customers in any National Local market

No minimum monthly or minimum flat rate charge on interLATA services provided to any in-region or out-of-region residential customer in the U.S. (except those imposed by government entities or voluntary, optional calling plans) (¶ 60)






Footnotes:

1 The deadlines specified in the Merger Order, and the Commission's rules for the computation of time, control the implementation of the Merger Conditions. See Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, For Consent to Transfer Control of Corporations Holding Commission Licenses and Lines Pursuant to Sections 214 and 310(d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95, and 101 of the Commission's Rules, CC Docket 98-141, Memorandum Opinion and Order, FCC 99-279, Appendix C (rel. Oct. 8, 1999) (``SBC/Ameritech Merger Order''); see also 47 C.F.R. § 1.4.