The Verizon Telephone Companies are the affiliated local telephone companies of Verizon Communications Corporation 47 CFR Federal Communication ID: 840453
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1 Federal Communications Commission
Federal Communications Commission DA 03-1104 ______________________________________________________________________________________ FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) WCB/Pricing No. 03-11 The Verizon Telephone Companies are the affiliated local telephone companies of Verizon Communications Corporation. 47 C.F.R. Federal Communications Commission DA 03-1104 ______________________________________________________________________________________ ts from VADI into Verizon on an accelerated basis was in the public interest.iliate condition to terminate automatically in January 2001.On November 30, 2001, Verizon filed a petition for an interim waiver of sections 61.42(g), 61.38, and 61.49 of the Commitransferred from VADI to Verizon. On December 20, 2001, the Commission initiated a rulemaking proceeding to evaluate whether dominant local exchange carriers should be considered dominant with respect to broathose being transferred from VADI to Verizon (the Broadband Proceeding). One outcome of this proceeding could be the elimDivision granted Verizon a limited filed a petition for a temporary section 61.42(g) of the Commithe Commissions rules provides that new services must be included in the first annual price
2 cap tariff filing seeking comment on th
cap tariff filing seeking comment on the Petition. The Commissions rules allow it to In general, the waiver request must demonstrate special circumstances Application of GTE Corporation and Bell Atlantic Corporation for Consent to Transfer Control of Domestic and International Section 214 and 310 Authorizations and Applications to Transfer Control of a Submarine Cable Landing License, CC Docket No. 98-184, Order,DA 01-2203, 16 F.C.C. Rcd 16915 (2001) (VADI Accelerated Transfer Order). The separate affiliate condition automatically terminated nine months after the date of a final and non-appealable judicial decision determining that the separate advanced services affiliate is deemed a successor or assign of the incumbent. Bell Atlantic-GTE Merger Order at Appendix D, ¶11(c). The Bureau noted that, under the courts ruling in Association of Communications Enterprises v. Federal Communications Commission, 235 F.3d 662 (D.C. Cir. ccessor or assign of Verizon. VADI Accelerated Transfer Order at ¶ 2, note 5. Petition at 4. See Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services,CC Docket No. 01-337, Notice of Proposed Rulemaking, 16 FCC Rcd. 22,745 (2001). In the Matter of Verizon Petition for Interim Waiver of Sections 61.42(g), 61.38 and 61.49 of the Commissions Rules, WCB/P
3 ricing No. 02-16, Order, (2002) (2002 W
ricing No. 02-16, Order, (2002) (2002 Waiver Order).Petition.47 C.F.R. 61.42(g). Comments Sought on Verizon Petition for Interim Waiver of Sections 61.42(g) of the Commissions Public Notice, DA 03-789 (rel. March 14, 2003). 47 C.F.R. 1.3. Federal Communications Commission DA 03-1104 ______________________________________________________________________________________ warranting a deviation from the general rule, and that such a deviation will serve the public interest.to grant a limited waiver of section 61.42(g) of the Commissions rules for the former VADI services. Special circumstances warrant a temporary deviation from this rule, and such a limited grant is in the public interest. ome to incorporate the VADI advanced services into its price cap indexes because the demand data for these services are not in the Verizon company databases, and the conveit would be more prudent to await the conclusion of the ongoing Broadband Proceeding, which may obviate the need e price cap indexes and price cap rates.at a waiver would prevent changes in the rates for advanced services from having a secondary impact on rates for other services.monstrated good cause to waive section 61.42(g) of the Commissions rules for the former VADI services, with respect to the June 2003 fili
4 ng requirements only. Those services fo
ng requirements only. Those services formerly held by VADI were not incorporated into the Verizon price cap calcumaintenance of the ed the issues related to the Broadband Proceeding. This limited waiver will temporarily allow Verizon to avoid the indexes and converting the VADI demand data for price cap calculations. We conclude that the transfer of the aconsidering a modification of our rules that services within the price cap indexes and rates, constitutes special circumstances, and such circumstances outweigh any harm to competition. See Northeast Cellular Telephone Co. v. F.C.C., 897 F.2d 1164, 1166 (D.C. Cir. 1990) (citing WAIT Radio v. F.C.C., 418 F.2d 1153, 1159 (D.C. Cir. 1969)). Petition at 4. Petition at 4. Petition at 4. See 47 C.F.R. § 61.49(f)(2). Federal Communications Commission DA 03-1104 ______________________________________________________________________________________ Ordering Clausestions 0.91, 0.291 and 1.3 of the Commissions Rules, 47 C.F.R. e Commissions rules IS WAIVED for Access Tariff Filing requirements under section 61.43 of the Commissions rules. FEDERAL COMMUNICATIONS COMMISSION Deena Shetler Deputy Chief, Pricing Policy Division Wireline Competition Bur