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longer applies to libraries, and libraries (Verizon), for authority to enter the 3. The Department of Justice’s may truthfully check Item 11a to certify interLATA telecommunications market Evaluation. The Department of Justice compliance only with section 254(l). in the states of New Hampshire and filed its evaluation on August 1, 2002, Library applicants checking this box are Delaware. The Commission grants concluding that Verizon has generally certifying that they have an Internet Verizon’s application based on its succeeded in opening its local markets safety policy as described above, and conclusion that Verizon has satisfied all in New Hampshire and Delaware to have satisfied the public notice and of the statutory requirements for entry competition. Accordingly, the hearing/meeting requirement, but are and opened its local exchange markets Department of Justice recommends not certifying as to a technology to full competition. approval of Verizon’s application for section 271 authority in New Hampshire protection measure because they are not DATES: Effective October 4, 2002. required to filter Internet access. The and Delaware. FOR FURTHER INFORMATION CONTACT: same is true for the other CIPA Primary Issues in Dispute certifications on FCC Forms 486 and Henry Thaggert, Attorney-Advisor, 479. Additional guidance on the use of Wireline Competition Bureau, at (202) 4. Compliance with Section the old forms can be obtained on SLD’s 418–7941 or via the Internet at 271(c)(1)(A). The Commission Web site at http:// [email protected]. The complete text of concludes that Verizon demonstrates www.sl.universalservice.org/reference/ this Memorandum Opinion and Order is that it satisfies the requirements of CIPAGuidance.asp. available for inspection and copying section 271 (c)(1)(A) based on the Although SLD will continue to accept during normal business hours in the interconnection agreements it has the previous versions of the FCC Forms FCC Reference Information Center, implemented with competing carriers in 486 and 479, all applicants are strongly Portals II, 445 12th Street, SW., Room New Hampshire and Delaware. The encouraged to make use of the new CY–A257, Washington, DC 20554. record demonstrates that competitive forms. Unlike the prior versions, the Further information may also be LECs serve business and residential new forms can be scanned by SLD. Use obtained by calling the Wireline customers using predominantly their of the new forms will expedite Competition Bureau’s TTY number: own facilities in each of the states. 5. Checklist Item 2—Unbundled processing and receipt of discounts. The (202) 418–0484. Network Elements. Based on the record, new forms and instructions may be SUPPLEMENTARY INFORMATION: This is a the Commission finds that Verizon has obtained at the SLD Web site, http:// summary of the Commission’s provided ‘‘nondiscriminatory access to www.sl.universalservice.org, or by Memorandum Opinion and Order in network elements in accordance with contacting the SLD Client Service WC Docket No. 02–157, FCC 02–262, the requirements of sections 251(c)(3) Bureau at (888) 203–8100. adopted September 25, 2002, and and 252(d)(1)’’ of the Act in compliance Federal Communications Commission. released September 25, 2002. The full with checklist item 2. Mark G. Seifert, text of this order may be purchased from 6. The Commission further finds that, the Commission’s duplicating Deputy Division Chief, Telecommunications while substantial questions were raised Access Policy Division. contractor, Qualex International, Portals regarding whether New Hampshire UNE II, 445 12th Street, SW., Room CY–B402, [FR Doc. 02–25072 Filed 10–1–02; 8:45 am] rates were adopted through a Washington, DC 20554, telephone 202– BILLING CODE 6712–01–M proceeding that correctly applied 863–2893, facsimile 202–863–2898, or TELRIC principles in all instances, via e-mail [email protected]. It is also Verizon’s current New Hampshire UNE FEDERAL COMMUNICATIONS available on the Commission’s Web site rates pass a benchmark comparison to at http://www.fcc.gov/Bureaus/ COMMISSION _ New York UNE rates. Therefore, New Wireline Competition/in- Hampshire UNE rates satisfy checklist [WC Docket No. 02–157; FCC 02–262] _ region applications. item 2. The Commission performs its Application by Verizon New England Synopsis of the Order benchmark analysis by aggregating non loop rate elements. Inc., Verizon Delaware Inc., Bell 1. History of the Application. On June Atlantic Communications, Inc. (d/b/a 7. In Delaware, Verizon reduced its 27, 2002, Verizon filed an application switching rates during the pendency of Verizon Long Distance), NYNEX Long pursuant to section 271 of the Distance Company (d/b/a Verizon this proceeding in response to claims Telecommunications Act of 1996, with that the data underlying cost inputs to Enterprise Solutions), Verizon Global the Commission to provide in-region, Networks Inc., and Verizon Select the rates had become outdated. interLATA service in the states of New Verizon’s reduced switching rates Services Inc., for Authorization To Hampshire and Delaware. Provide In-Region, InterLATA Services caused Verizon’s non loop rates to in New Hampshire and Delaware 2. The State Commissions’ satisfy a benchmark comparison to New Evaluations. The New Hampshire York non loop rates. Delaware loop rates AGENCY: Federal Communications Public Utilities Commission (New also satisfied a benchmark comparison Commission. Hampshire Commission) and the to New York rates. Thus, Verizon’s ACTION: Notice. Delaware Public Services Commission Delaware UNE rates also satisfy (Delaware Commission), following an checklist item 2. SUMMARY: In the document, the Federal extensive review process, advised the 8. OSS. The Commission also Communications Commission Commission that Verizon has taken the concludes that Verizon provides (Commission) grants the section 271 statutorily required steps to open its nondiscriminatory access to its OSS— application of Verizon New England, local markets in each state to the systems, databases, and personnel Inc. Verizon Delaware Inc., Bell Atlantic competition. Consequently, the state necessary to support network elements Communications, Inc. (d/b/a Verizon commissions recommended that the or services. Verizon provides access to Long Distance), NYNEX Long Distance Commission approve Verizon’s in- its OSS in a manner that enables Company (d/b/a Verizon Enterprise region, interLATA entry in their competing carriers to perform the Solutions), Verizon Global Networks evaluations and comments in this functions in substantially the same time Inc., and Verizon Select Services Inc. proceeding. and manner as Verizon does or, if no

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appropriate retail analogue exists within processes and procedures relating to 15. Section 271(d)(6) Enforcement Verizon’s systems, in a manner that unbundled loops in Delaware as it does Authority. Working with each of the permits competitors a meaningful in Pennsylvania. Therefore, because state commissions, the Commission opportunity to compete. In addition, there is insufficient data in Delaware, intends to closely monitor Verizon’s regarding specific areas where the we look to Verizon’s performance in post-approval compliance to ensure that Commission identifies relatively minor Pennsylvania as a basis for our Verizon continues to meet the issues with Verizon’s OSS performance evaluation, and it has met the conditions required for section 271 in New Hampshire—order processing benchmark standard for this approval. It stands ready to exercise its notifiers, flow-through, and billing measurement in Pennsylvania in each various statutory enforcement powers accuracy—these problems are not relevant month. quickly and decisively in appropriate sufficient to warrant a finding of 12. Checklist Items 3, 5, 6, 7, 8, 9, 10, circumstances to ensure that the local checklist noncompliance. 12, 13 and 14. An applicant under market remains open in each of the 9. Checklist Item 4—Unbundled Local section 271 must demonstrate that it states. Loops. Verizon demonstrates that it complies with checklist item 3 (access Federal Communications Commission. provides unbundled local loops in to poles, ducts, and conduits), item 5 accordance with the requirements of (unbundled local transport), item 6 Marlene H. Dortch, section 271 and our rules, in that it (unbundled local switching), item 7 Secretary. provides ‘‘local loop transmission from (911/E911 access and directory [FR Doc. 02–25062 Filed 10–1–02; 8:45 am] the central office to the customer’s assistance/operator services), item 8 BILLING CODE 6712–01–P premises, unbundled from local (white pages directory listings), item 9 switching or other services.’’ More (numbering administration), item 10 specifically, Verizon establishes that it (databases and associated signaling), FEDERAL ELECTION COMMISSION provides access to loop make-up item 12 (local dialing parity), item 13 information in compliance with the (reciprocal compensation), and item 14 Sunshine Act Notice UNE Remand Order and (resale). Based on the evidence in the nondiscriminatory access to stand alone record, the Commission concludes that DATE AND TIME: Tuesday, October 8, xDSL-capable loops and high-capacity Verizon demonstrates that it is in 2002, at 10 a.m. loops. Also, Verizon provides voice compliance with checklist items 3, 5, 6, PLACE: 999 E Street, NW., Washington, grade loops, both as new loops and 7, 8, 9, 10, 12, 13 and 14 in New DC (Ninth Floor). through hot-cut conversions, in a Hampshire and Delaware. STATUS: This meeting will be open to the nondiscriminatory manner. Finally, 13. Section 272 Compliance. Based on public. Verizon has demonstrated that it has a the record, Verizon provides evidence ITEMS TO BE DISCUSSED. line-sharing and line-splitting that it maintains the same structural Correction and Approval of Minutes. provisioning process that affords separation and nondiscrimination Draft Advisory Opinion 2002–07: competitors nondiscriminatory access to safeguards in Delaware and New Careau & Co. and Mohre these facilities. Hampshire as it does in Pennsylvania, Communications by Robert F. Carrot, New York, Connecticut, and Other Checklist Items President. Massachusetts—states in which Verizon Draft Advisory Opinion 2002–11: 10. Checklist Item 1—Interconnection. has already received section 271 Mortgage Bankers Association of Based on the evidence in the record, the authority. Therefore, the Commission America (MBAA) and MBAA PAC by Commission concludes that Verizon concludes that Verizon has counsel, Jan Witold Baran and Carol A. provides access and interconnection on demonstrated that it is in compliance Laham. terms and conditions that are just, with the requirements of section 272. Routine Administrative Matters. reasonable and nondiscriminatory, in 14. Public Interest Analysis. The accordance with the requirements of Commission concludes that approval of DATE AND TIME: Tuesday, October 8, section 251(c)(2) and as specified in this application is consistent with the 2002, to follow the open meeting. section 271, and applied in the public interest. From its extensive PLACE: 999 E Street, NW., Washington, Commission’s prior orders. Pursuant to review of the competitive checklist, DC. this checklist item, Verizon must allow which embodies the critical elements of STATUS: This meeting will be closed to other carriers to interconnect their market entry under the Act, we find that the public. networks to its network for the mutual barriers to competitive entry in the local ITEMS TO BE DISCUSSED: exchange of traffic, using any available exchange markets have been removed Compliance matters pursuant to 2 method of interconnection at any and the local exchange markets in New U.S.C. 437g. available point in Verizon’s network. Hampshire and Delaware are open to Audits conducted pursuant to 2 Verizon’s performance generally competition. The Commission further U.S.C. 437g, 438(b), and Title 26, U.S.C. satisfies the applicable benchmark or finds that, as noted in prior section 271 Matters concerning participation in retail comparison standards for this orders, BOC entry into the long distance civil actions or proceedings or checklist item. market will benefit consumers and arbitration. 11. Checklist Item 11—Local Number competition if the relevant local Internal personnel rules and Portability. Section 251(b)(2) requires all exchange market is open to competition procedures or matters affecting a LECs ‘‘to provide, to the extent consistent with the competitive particular employee. technically feasible, number portability checklist. Verizon demonstrates that DATE AND TIME: Thursday, October 10, in accordance with requirements there is significant local competition in 2002, at 10 a.m. prescribed by the Commission.’’ Based Delaware and New Hampshire, that on the evidence in the record, the Verizon’s local market will remain open PLACE: 999 E Street, NW., Washington, Commission finds that Verizon to competition, and that section 271 DC (Ninth Floor). complies with the requirements of approval would enhance local and long STATUS: This meeting will be open to the checklist item 11. As noted elsewhere in distance competition in Delaware and public. the order, Verizon uses the same New Hampshire. ITEMS TO BE DISCUSSED:

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