******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) The Development of a National Framework to ) Detect and Deter Backsliding to Ensure ) Continued Bell Operating Company Compliance ) RM 9474 with Section 271 of the Communications Act ) Once In-region InterLATA Relief Is Obtained ) ORDER Adopted: January 18, 2000 Released: January 19, 2000 By the Common Carrier Bureau: 1. On February 1, 1999, Allegiance Telecom, Inc. (Allegiance) filed a petition requesting that the Commission initiate a rulemaking proceeding to establish an enforcement framework governing a Bell Operating Company's continued compliance with the conditions of long distance entry, once it receives section 271 approval. That petition was placed on public notice on February 5, 1999, Report No. 2315. Comments were filed on March 8, 1999, and reply Comments were filed on March 23, 1999. 2. The Commission recently set forth its views on the post-entry enforcement framework that will govern Bell Atlantic now that it has received section 271 approval in the State of New York. The Commission noted that "any diminution in performance below levels deemed sufficient in this order may expose Bell Atlantic to possible enforcement action under section 271(d)(6), including suspension of authorization to provide service." In that order, the Commission emphasized its commitment to swift and effective post-approval enforcement pursuant to section 271(d)(6). Moreover, we note that a special team has been formed within the Enforcement Bureau which will (1) review complaints and other information from interested persons regarding post-grant "backsliding" by BOCs whose applications are approved, (2) undertake or recommend swift and effective enforcement action where appropriate, and (3) act as the point of contact within the Commission for persons wishing to provide information regarding possible "backsliding" by BOCs. Accordingly, given the decision to rely on case-by-case enforcement, we decline to initiate the requested rulemaking proceeding and therefore dismiss the Allegiance petition. ORDERING CLAUSE 3. Accordingly, IT IS ORDERED that the Petition for Expedited Rulemaking filed on February 1, 1999 by Allegiance Telecom, Inc. IS DISMISSED. IT IS FURTHER ORDERED that the proceeding, RM-9474, IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Robert C. Atkinson Deputy Chief, Common Carrier Bureau