In the Matter of

The Alliance for Public Technology1 has consistently urged the Commission to pursue the goal of Section 706 of the Telecommunications Act of 19962 in every relevant proceeding by encouraging the reasonable and timely deployment of advanced telecommunications capability to all Americans.3 Section 706 authorizes the Commission and state telecommunications commissions to use "measures that promote competition in the local telecommunications market or other regulating methods to remove barriers to infrastructure investment," among other means, to achieve the goal of ubiquitous broadband deployment mandated by the Act. The New York Public Service Commission (NYPSC) has used effectively the tools of Section 706 by imposing stringent standards and requiring rigorous third-party testing that demonstrates Bell Atlantic's compliance with the requirements of Section 271 of the Act.4 By endorsing the company's request for authorization to provide long distance service within its region, the NYPSC has concluded that Bell Atlantic's network is open and accessible to competitors. Accordingly, APT urges the Commission to reach a similar conclusion and approve the subject application. Such action would advance the goals of Section 706, and reaffirm the Commission's commitment to eliminating regulatory barriers to investment in high-capacity networks.

APT believes that current interLATA restrictions inhibit the ubiquitous deployment of high-speed data networks and that the public interest demands elimination of these and other barriers that undermine the objectives of Section 706. Consequently, the Alliance continues to argue, as in the past, that Congress and the Commission share its own view that prompt implementation of the approval process for interLATA authority under Section 271 best serves the public interest.5 By granting Bell Atlantic's request, the Commission will reinforce that belief, enhance facilities-based competition for long distance and local telephone service, and facilitate high-speed Internet connections for two-way voice, data, video and graphic transmissions that will benefit all consumers, but particularly those New Yorkers who have little money, contend with physical limitations, operate small businesses or reside in rural communities. Bell Atlantic's promise to focus its initial long distance service offerings to residential customers is commendable and all the more important in light of the proposed merger of MCI-WorldCom and Sprint, which if approved, would remove a major competitive force in the interexchange industry and the New York market. Finally, long distance authorization for Bell Atlantic would empower the company to compete more efficiently for the state's consumers by providing them with a full array of telecommunications services.

For the reasons stated above, APT strongly recommends that the Commission consider the goals of Section 706 to promote broadband deployment and grant Bell Atlantic's application in this matter. In so doing, the Commission can begin removing regulatory impediments to Bell Atlantic's investment in high-speed data networks that serve all of New York.

Respectfully submitted,

Maureen A. Lewis
General Counsel

Alliance for Public Technology
919 18th Street, N.W., Tenth Floor
Washington, DC 20006
(202)263-2972

1. APT is a tax exempt organization, which was founded in 1988 and now represents almost 300 nonprofit and individual members who work:

to make available as far as possible, to all people of the United States, regardless of race, color, national origin, income, residence in rural or urban area, or disability high capacity two-way communications networks capable of enabling users to originate and receive affordable and accessible high quality voice, data, graphics, video and other types of telecommunications services.

2. 47 USC 157 note.

3. See, e.g., Petition of the Alliance for Public Technology Requesting Issuance of Notice of Inquiry and Notice of Proposed Rulemaking to Implement section 706 of the 1996 Telecommunications Ace, CC Docket No. 9244 (Feb. 18, 1998) (APT Petition) at 12-13.

4. 47 USC 271

5. See e.g., Comments of the Alliance for Public Technology, In the Matter of Petition of Bell Atlantic for Relief from Barriers to Deployment of Advanced Telecommunications Services, CC Docket No. 98-26; and Petition of Ameritech for Relief from Barriers to Investment in Advanced Telecommunications Capability, CC Docket No., 98-32 (April 6, 1998) at 2.