[Federal Register: December 10, 2003 (Volume 68, Number 237)]
[Notices]
[Page 68922-68924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de03-83]
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FEDERAL COMMUNICATIONS COMMISSION
[WC Docket No. 03-194; FCC 03-309]
Application by Qwest Communications International Inc. for
Authorization To Provide In-Region, InterLATA Services in Arizona
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In the document, the Federal Communications Commission
(Commission) grants the section 271 application of Qwest Communications
International Inc. (Qwest) for authorization to provide in-region,
interLATA services in Arizona. The Commission grants Qwest's
application based on its conclusion that Qwest has satisfied all of the
statutory requirements for entry and fully opened its local exchange
markets to competition.
DATES: Effective December 15, 2003.
FOR FURTHER INFORMATION CONTACT: Cathy Carpino, Attorney-Advisor,
[[Page 68923]]
Wireline Competition Bureau, at (202) 418-1580 or via the Internet at cathy.carpino@fcc.gov. The complete text of this Memorandum Opinion and
Order is available for inspection and copying during normal business
hours in the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. Further information
may also be obtained by calling the Wireline Competition Bureau's TTY
number: (202) 418-0484.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order in WC Docket No. 03-194, FCC 03-309,
adopted December 3, 2003, and released December 3, 2003. The full text
of this order may be purchased from the Commission's duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW.,
Room CY-B402, Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail qualexint@aol.com. It is also available
on the Commission's Web site at http://www.fcc.gov/Bureaus/Common_Carrier/in-region_applications
.
Synopsis of the Order
1. History of the Application. On September 4, 2003, Qwest filed an
application with the Commission, pursuant to section 271 of the
Telecommunications Act of 1996, to provide in-region, interLATA service
in the state of Arizona.
2. The State Commission's Evaluation. The Arizona Corporation
Commission (Arizona Commission), following an extensive review process,
determined that Qwest satisfied all 14 of the checklist items contained
in section 271. Consequently, the Arizona Commission recommended that
the Commission grant Qwest's application to provide in-region,
interLATA service in Arizona.
3. The Department of Justice's Evaluation. The Department of
Justice filed its evaluation on October 9, 2003, recommending approval
of the application. The Department of Justice concludes that
opportunities are available to competing facilities-based carriers
serving business and residential customers.
Primary Issues in Dispute
4. Checklist Item 2--Unbundled Network Elements. Section 251(c)(3)
requires incumbent LECs to provide ``nondiscriminatory access to
network elements on an unbundled basis at any technically feasible
point on rates, terms, and conditions that are just, reasonable, and
nondiscriminatory.'' Based on the evidence in the record, we conclude
that Qwest has satisfied the requirements of checklist item 2.
5. Operations Support Systems (OSS). The Commission concludes that
Qwest meets its obligation to provide access to its OSS--the systems,
databases, and personnel necessary to support the network elements or
services. Nondiscriminatory access to OSS ensures that new entrants
have the ability to order service for their customers and communicate
effectively with Qwest regarding basic activities such as placing
orders and providing maintenance and repair services for customers. The
Commission finds that Qwest provides access to each of the primary OSS
functions (pre-ordering, ordering, provisioning, maintenance and
repair, and billing, as well as change management and technical
assistance), in order for competitive LECs to compete and in accordance
with the Act. In particular, the Commission thus finds that the
allegations raised about Qwest's change management process (CMP) in
this record do not warrant a finding of checklist noncompliance. The
Commission finds that Qwest's CMP and Qwest's pattern of compliance
with the CMP satisfies checklist item 2.
6. Checklist Item 4--Unbundled Local Loops. The Commission
concludes that Qwest provides unbundled local loops in accordance with
the requirements of section 271 and our rules. The Commission's
conclusion is based on its review of Qwest's performance for all loop
types--which include voice grade loops, digital subscriber line-capable
loops, and high capacity loops--as well as hot cut provisioning and our
review of Qwest's processes for line sharing and line splitting. As of
May 31, 2003, competitors have acquired from Qwest and placed into use
approximately 37,719 stand-alone unbundled loops in Arizona. With
respect to concerns regarding recent changes in Qwest's policy on
construction of new facilities related to provisioning of high-capacity
unbundled loops, the Commission declines to find this allegation
warrants a finding of checklist noncompliance. Absent additional
evidence, the Commission is not convinced that Qwest's policy has
denied competitive LECs a meaningful opportunity to compete to date.
Other Checklist Items
7. Checklist Item 2--OSS. The Commission finds that Qwest
demonstrates it provides nondiscriminatory access to its pre-ordering,
ordering, provisioning, maintenance and repair, and billing functions.
Regarding specific areas for which commenters or the Commission
identifies issues with Qwest's OSS performance, the Commission finds
that these problems do not demonstrate overall discriminatory treatment
or are not sufficient to warrant a finding of checklist noncompliance.
8. Pricing of Unbundled Network Elements. The Commission finds, as
did the Arizona Commission, that Qwest's UNE rates in Arizona are just,
reasonable, and nondiscriminatory as required by section 252(d)(1).
Thus, Qwest's UNE rates in Arizona satisfy checklist item 2.
9. Checklist Items 1, 3, 5-14. An applicant under section 271 must
demonstrate that it complies with item 1 (interconnection), item 3
(poles, ducts, and conduits), item 5 (unbundled transport) item 6
(unbundled local switching), item 7 (E911/operator services/directory
assistance), item 8 (white pages), item 9 (numbering administration),
item 10 (data bases and signaling), item 11 (number portability), item
12 (local dialing parity), item 13 (reciprocal compensation), and item
14 (resale). Based on the evidence in the record, and in accordance
with Commission rules and orders concerning compliance with section 271
of the Act, the Commission concludes that Qwest demonstrates that it is
in compliance with checklist items 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13,
and 14 in Arizona.
Other Statutory Requirements
10. Compliance with Section 271(c)(1)(A). In order for the
Commission to approve a BOC's application to provide in-region,
interLATA services, a BOC must first demonstrate that it satisfies the
requirements of either section 271(c)(1)(A) (Track A) or section
271(c)(1)(B) (Track B). The Commission concludes that Qwest satisfies
the requirements of Track A in Arizona. This decision is based on the
number of interconnection agreements it has implemented with competing
carriers in the state of Arizona.
11. Section 272 Compliance. Qwest provides evidence that for two of
its affiliates--Qwest LD Corp. and Qwest Communications Corporation--it
maintains the same structural separation and nondiscrimination
safeguards in Arizona as it does in the other 13 states where Qwest has
already received section 271 authority. Based on the record before us,
the Commission concludes that Qwest has demonstrated that it will
comply with the requirements of section 272.
[[Page 68924]]
12. Public Interest Analysis. The Commission concludes that
approval of this application is consistent with the public interest.
From its extensive review of the competitive checklist, which embodies
the critical elements of market entry under the Act, the Commission
finds that barriers to competitive entry in the local exchange markets
have been removed and the local exchange markets in Arizona are open to
competition.
13. Section 271(d)(6) Enforcement Authority. The Commission
concludes that, working with the Arizona Commission, we will closely
monitor Qwest's post-approval compliance to ensure that Qwest continues
to meet the conditions required for section 271 approval. It stands
ready to exercise its various statutory enforcement powers quickly and
decisively if there is evidence that market-opening conditions have not
been sustained.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-30541 Filed 12-9-03; 8:45 am]
BILLING CODE 6712-01-P