Under section 271 of the Communications Act of 1934, as amended, the Bell Operating Companies (BOCs) must file applications with the FCC on a state-by-state basis in order to provide in-region interLATA services. As of December 3, 2003, the Commission had granted all of the BOCs section 271 authorization for the provision of in-region, interLATA services in all of the BOCs’ territories nationwide.
For three years after a BOC obtains section 271 authorization, unless the Commission extends this three-year period, section 272 requires BOCs to provide in-region, interLATA telecommunications services through separate corporate affiliates, subject to certain safeguards. The Commission did not extend the period for which section 272 safeguards applies. Thus, as of December, 3, 2006, the section 272 requirements, other than those in section 272(e), had sunset by operation of law throughout all BOC regions. Accordingly, section 272 does not preclude the BOCs from providing in-region, interLATA, long distance services either directly or through an affiliate that is not a section 272 separate affiliate in all their in-region states.
Despite the sunset of section 272’s requirements, however, the BOCs continued to provide virtually all of their in-region, interstate, interLATA, long distance services through their section 272 separate affiliates. Under the Commission’s rules at the time, a BOC was forced to choose between two different regulatory regimes in providing in-region, long distance services, both of which impose significant burdens and costs: the BOC could provide these services on a nondominant carrier basis through a section 272 separate affiliate; alternatively, it could provide these services directly or through an affiliate that is not a section 272 separate affiliate subject to dominant carrier regulation, including rate regulation and tariff-filing requirements.
On August 31, 2007, the Commission adopted a new regulatory framework. Under this framework, AT&T, Qwest, and Verizon may provide in-region, interstate, long distance services either directly or through affiliates that are neither section 272 separate affiliates nor rule 64.1903 separate affiliates, subject to nondominant carrier regulation, as long as they comply with certain targeted safeguards and other continuing statutory and regulatory obligations.
| Key Orders Affecting BOC Obligations Under Section 272 |
8/31/07
FCC Replaces Outmoded Long-Distance Rules With New Protections For Consumers.
News Release:Word | Acrobat
FCC 07-159 (Order): Word | Acrobat
Copps & Adelstein Joint Statement: Word | Acrobat
Tate Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
FCC 07-160 (Order): Word | Acrobat
McDowell Statement: Word | Acrobat
3/9/07
FCC Grants in Part, Denies in Part, Qwest's Petition for Forbearance From Enforcement of the Commission's Dominant Carrier Rules as They Apply After Section 272 Sunsets.
MO&O: Word | Acrobat
Copps & Adelstein Statement: Word | Acrobat
| Section 271 Applications Filed with the FCC |
|
|
| AZ |
Qwest |
Approved |
9/4/03 |
12/03/03 |
DA 06-2464
Word | PDF |
| IL, IN, OH, WI |
SBC |
Approved |
7/17/03 |
10/15/03 |
DA 06-2036
Word | PDF |
| Michigan | SBC |
Approved |
6/19/03 |
9/17/03 |
DA 06-1881
Word | PDF |
| MN |
Qwest |
Approved |
2/28/03 |
06/26/03 |
DA 06-1314
Word | PDF |
| Michigan | SBC |
Withdrawn |
1/15/03 |
04/16/03 |
N/A |
| NM, OR & SD |
Qwest |
Approved |
1/15/03 |
04/15/03 |
DA 06-857
Word | PDF |
| Nevada |
SBC |
Approved |
1/14/03 |
04/14/03 |
DA 06-858
Word | PDF |
| DC, MD, WV |
Verizon |
Approved |
12/18/02 |
03/19/03 |
DA 06-629
Word | PDF |
| CO, ID, IA, MT, NE, ND, UT, WA, & WY |
QWEST | Approved |
09/30/02 |
12/23/02 |
DA-05-3313
Word|PDF |
| California |
SBC |
Approved |
09/20/02 |
12/19/02 |
DA-05-3234
Word|PDF |
| FL, TN |
BellSouth |
Approved |
09/20/02 |
12/19/02 |
DA-05-3228
Word|PDF |
| Virginia |
Verizon |
Approved |
08/01/02 |
10/30/02 |
DA-05-2862
Word|PDF |
| MT, UT, WA, & WY |
QWEST |
Withdrawn |
07/12/02 |
09/10/02 |
N/A |
| NH, DE |
Verizon |
Approved |
06/27/02 |
09/25/02 |
DA-05-2523
Word|PDF |
| AL, KY, MS, NC, SC |
BellSouth |
Approved |
06/20/02 |
09/18/02 |
DA-05-2462
Word|PDF |
| CO, ID, IA, NE, & ND |
QWEST |
Withdrawn |
06/13/02 |
09/10/02 |
N/A |
| New Jersey |
Verizon |
Approved |
03/26/02 |
06/24/02 |
DA-05-1784
Word|PDF |
| Maine |
Verizon |
Approved |
3/21/02 |
6/19/02 |
DA-05-1699
Word|PDF |
| Georgia/Louisiana |
BellSouth |
Approved |
2/14/02 |
5/15/02 |
DA-05-1354
Word|PDF |
| Vermont |
Verizon |
Approved |
1/17/02 |
4/17/02 |
DA-05-1111
Word|PDF |
| New Jersey |
Verizon |
Withdrawn |
12/20/01 |
3/20/02 |
N/A |
| Rhode Island |
Verizon |
Approved |
11/26/01 |
2/24/02 |
DA 05-485
Word|PDF |
| Georgia/Louisiana |
Bellsouth |
Withdrawn |
10/02/01 |
12/20/01 |
N/A |
| Arkansas/Missouri |
SBC |
Approved |
08/20/01 |
11/16/01 |
FCC 04-269
Word|PDF |
| Pennsylvania |
Verizon |
Approved |
6/21/01 |
9/19/01 |
DA 04-3006
Word|PDF |
| Connecticut |
Verizon |
Approved |
4/23/01 |
7/20/01 |
DA 04-2189
Word|PDF |
| Missouri |
SBC |
Withdrawn |
4/4/01 |
6/7/01 |
N/A |
| Massachusetts |
Verizon |
Approved |
1/16/01 |
4/16/01 |
FCC 04-101
Word|PDF |
| Kansas/Oklahoma |
SBC |
Approved |
10/26/00 |
1/22/01 |
FCC 04-14
Word|PDF |
| Massachusetts |
Verizon |
Withdrawn |
9/22/00 |
12/18/00 |
N/A |
| Texas |
SBC |
Approved |
4/5/00 |
6/30/00 |
FCC 02-335
Word|PDF |
| Texas |
SBC |
Withdrawn |
1/10/00 |
4/05/00 |
N/A |
| New York |
Verizon |
Approved |
9/29/99 |
12/23/99 |
FCC 02-335
Word|PDF |
| Louisiana |
BellSouth |
Denied |
7/9/98 |
10/13/98 |
N/A |
| Louisiana |
BellSouth |
Denied |
11/6/97 |
2/4/98 |
N/A |
| South Carolina |
BellSouth |
Denied |
9/30/97 |
12/24/97 |
N/A |
| Michigan |
Ameritech |
Denied |
5/21/97 |
8/19/97 |
N/A |
| Oklahoma |
SBC |
Denied |
4/11/97 |
6/26/97 |
N/A |
| Michigan |
Ameritech |
Withdrawn |
1/02/97 |
2/11/97 |
N/A |
|
