Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554
In the Matter of
| Application by SBC Communications, Inc., |
) |
|
| Southwestern Bell Telephone Company, and |
) |
|
| Southwestern Bell Communications Services, |
) |
CC Docket No. 00-65 |
| Inc. d/b/a Southwestern Bell Long Distance |
) |
|
| for Provision of In-Region, InterLATA |
) |
|
| Services in Texas |
) |
|
FURTHER COMMENTS OF THE ALLIANCE FOR PUBLIC TECHNOLOGY SUPPORTING SBC'S REQUEST FOR AUTHORITY TO PROVIDE LONG DISTANCE SERVICE IN TEXAS
As we stated in our previous filing , the Alliance for Public Technology (APT) continues to advocate that the Commission fulfill its obligation under Section 706 of the Telecommunications Act of 1996 by considering in every relevant proceeding ways to encourage the reasonable and timely deployment of advanced telecommunications capability to all Americans. Section 706 empowers both state telecommunications commissions and the Federal Communications Commission to use, among others, "measures that promote competition in the local telecommunications market or other regulating methods to remove barriers to infrastructure investment."
The Commission again has the opportunity to bolster the impact of Section 706 by authorizing SBC to provide long distance telephone service in Texas. APT strongly urges the Commission to seize this opportunity to increase facilities-based competition for local and long distance service, and promote ubiquitous broadband network deployment so that all Texans, regardless of their income level, rural residence, or physical disabilities, may improve the quality of their lives through access to new sophisticated telecommunications products and services.
As APT stated in its prior comments, an extensive collaboration among applicant, the Texas Public Utility Commission (Texas PUC), competitive local exchange carriers (CLECs) and the U.S. Department of Justice, and exhaustive third-party testing of SBC operations support systems (OSS) demonstrating their ability to process actual "blind" orders from CLECs, the Texas PUC unanimously concluded that the state's local telephone market is competitive.
Nevertheless, both the Department of Justice and Commission staff expressed concerns regarding the provisioning of unbundled loops, access to operational support systems (OSS), and transitioning customers to competitive service providers ("hot cuts"). The Public Utility Commision of Texas responded to these concerns on February 22, 2000 and reaffirmed its support for Southwestern Bell Telephone's (SWBT) application to enter the long distance market in Texas. After thorough analysis, the PUC concluded that SWBT "had opened its local markets to competition, and had satisfied the comprehensive list of Section 271 criteria for long distance issues..." Furthermore, the PUC found that the company exceeds some standards.
SBC Communications, Inc. chose to withdraw and refile its application. The company now seeks authority under Section 271(c)(1)(A) of the Telecommunications Act to provide long distance telephone service in Texas by demonstrating the presence of facilities-based competitors there. Accordingly, APT respectfully urges the Commission to consider the findings of the Texas PUC and grant the application. As APT has consistently argued, Section 271's interLATA prohibitions constrain the widespread deployment of advanced telecommunications infrastructure and therefore undermine Section 706, which seeks to promote investment in ubiquitous high-speed networks. For that reason, APT maintains the belief, which the Commission and Congress seem to support, that expeditious approval under Section 271 serves the public interest. The Alliance further contends that such prompt action eliminates a significant barrier to investment in high-speed telecommunications networks that should reach all communities.
APT implores the Commission to respect the findings of the Texas Public Utility Commission and do all that it can to remove the interLATA barriers that inhibit the widest possible extension of these networks to help all Texans enjoy the benefits of advanced telecommunications capability. Therefore, APT recommends that the Commission authorize SBC to provide long distance service in Texas.
Respectfully submitted,
Debbie Goldman
Public Policy Chair
April 26, 2000
