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WCB Voluntary Data Request for CenturyLink Forbearance Proceeding

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Released: March 5, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-337
March 5, 2013

COMPETITION DATA REQUESTED IN CENTURYLINK FORBEARANCE

PETITION

WC Docket No. 12-60

In this Public Notice, we invite voluntary submissions of data to assist the Commission in
evaluating the forbearance petition filed by CenturyLink.1 On February 23, 2012, CenturyLink filed a
petition pursuant to section 10 of the Communications Act of 1934, requesting the Commission forbear
from enforcing “dominant carrier regulation and the Computer Inquiry tariffing requirement with respect
to its packet-switched and optical retransmission services” regarding its enterprise broadband service
offerings.2 Specifically, petitioner seeks forbearance from 47 U.S.C. §§ 203, 204(a)(3); 47 C.F.R. §§
1.54(a)(1), (e)(1), 61.31-61.59, 63.71, 63.03 and other requirements under related Commission Orders.3
On March 6, 2012, the Commission released a Public Notice inviting comment on CenturyLink’s
petition.4 Commenters argue that CenturyLink has not provided adequate evidence to support its
forbearance petition;5 that the Commission ought to apply a traditional market power test,6 such as the one


1 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain
Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60 (filed Feb. 23, 2012)
(CenturyLink Petition).
2 CenturyLink Petition at 1.
3 Id. at 9–10.
4 Pleading Cycle Established for Comments on CenturyLink Petition for Forbearance from Dominant Carrier and
Certain Computer Inquiry Requirements on Enterprise Broadband Services
, WC Docket No. 12-60, Public Notice,
27 FCC Rcd 2306 (2012). On Feb. 22, 2013, the Bureau extended by 90 days the date on which CenturyLink’s
petition shall be deemed granted. Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. § 160(c) from
Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket 12-
60, Order, DA 13-286 (rel. Feb. 22, 2013).
5 See, e.g., NASUCA and NJ Division of Rate Counsel Comments at 12–13; Sprint Comments at 6–10; tw telecom
Comments at 6–7; but see Corning Comments at 5–6.
6 See Sprint Comments at 3–4; tw telecom Comments at 3–4; but see AT&T Reply at 3–6; Verizon Reply at 10–12.

applied in the Qwest Phoenix order;7 and that there is not sufficient competition in the current market to
warrant forbearance.8
In this Public Notice, the Commission requests voluntary submissions of competition data.9 If
any party submits data that contain confidential and proprietary information, it shall submit such data in
accordance with the First Protective Order,10 and the Second Protective Order11 issued concurrently with
this Public Notice.

The Commission requests that the public voluntarily submit the requested data in response

to this Public Notice on or before March 26, 2013. Responses to this data request may be filed on a
rolling basis.

I. Definitions

Competitive Provider

means a competitive local exchange carrier (CLEC), interexchange carrier, cable
operator, wireless company, and any other entity, except for an incumbent local exchange carrier
(ILEC), that is subject to the Commission’s jurisdiction, as provided for by the Communications Act
of 1934, as amended, and provides

Dedicated Service

.12

Connection

is a wired line or wireless channel that provides to an

End User

a dedicated communication
path between an

End User Location

(which includes a cell site) and the first

Node

on a

Provider’s

network. Multiple dedicated communication paths serving one or more

End Users

at the same

Location

using the same wired line or wireless channel should be counted as a single

Connection

.
For purposes of this request, wired lines and wireless channels used to provide dedicated
communications paths within and between

Providers

’ networks (e.g., connections between

Nodes

)
are not considered

Connections

.

Dedicated Service

is a

Connection

that does not include “best effort” services, e.g., mass market
broadband services such as DSL and cable modem broadband access.

End User

means a business, institutional, or government entity that purchases

Dedicated Service f

or its
own purposes and does not resell such service. A facilities-based mobile wireless service

Provider

is
considered an

End User

when it purchases

Dedicated Service t

o make

Connections

within its own
network, e.g., backhaul to a cell site.


7 Petition of Qwest Corporation for Forbearance to 47 U.S.C. §160(c) in the Phoenix, Arizona Metropolitan
Statistical Area
, WC Docket No. 09-135, Memorandum Opinion and Order, 25 FCC Rcd 8622 (2010).
8 See, e.g., NASUCA and NJ Division of Rate Counsel Comments at 4–5; tw telecom Comments at 9–10; but see,
e.g.
, AT&T Reply at 2; Verizon Reply at 3–4, 6–7.
9 In this Public Notice, we seek facts or opinions submitted in response to our general solicitation of comments from
the public. No person is required to supply specific information pertaining to the commenter, other than that
necessary for self-identification, as a condition of our full consideration of the comment. Thus, this Public Notice
does not seek “information” as that term is used in the Paperwork Reduction Act of 1995. See 5 C.F.R.
§1320.3(h)(4); see also Paperwork Reduction Act of 1995, Pub. L. No. 104-13, 109 Stat. 163.
10 See Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. § 160(c) from Dominant Carrier and Certain
Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60, Protective Order, 27
FCC Rcd 2895 (2012) (First Protective Order).
11 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. § 160(c) from Dominant Carrier and Certain
Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60, Second Protective
Order, DA 13-338 (rel. March 5, 2012) (Second Protective Order).
12 See 47 U.S.C. § 151 et seq.
2

Indefeasible Right of Use (IRU)

means an indefeasible right to use facilities for a certain period of time
that is commensurate with the remaining useful life of the asset, generally 10-20 years. The right
confers on the grantee the vestiges of ownership and typically involves a substantial sum paid up
front, generally priced as a certain amount (depending on market rates) per mile or per fiber mile.

Listed Service

means the services listed in section IV.

Listed County

means the geographic extent of a county lying within or overlapping a CenturyLink study
area.

Listed Zip Code

means the geographic extent of each 5-digit Zip Code lying within or overlapping a
CenturyLink study area.

Location

is an end-user premise, building, or other free-standing end-user site. For the purpose of this
collection, cell sites are treated as

Locations

, and not as

Nodes

.

Node

is an aggregation point, a branch point, or a point of interconnection on a

Provider’s

network,
including a point of interconnection to other

Provider

networks. Examples include LEC central
offices, remote terminal locations, splice points (including, for example, at manholes), controlled
environmental vaults, cable system headends, cable modem termination system (CMTS) locations,
and facility hubs.

Provider

means any entity that supplies electronic communications services, including voice, data, and/or
video services using its own facilities or facilities leased subject to an

IRU

agreement.

Providers

include incumbent LECs, competitive LECs, interexchange carriers, cable operators, and companies
that provide fixed wireless communications services.

Providers

that own, or lease subject to an

IRU

,
wired lines or wireless channels that provide a dedicated path as set forth in our definition of

Connection,

should report a

Connection

even when the

End User

(or seller of CMRS) obtains
service over that

Connection

from another entity. For example, CenturyLink would report a

Connection

if it directly sells service to a bank between the bank and the first

Node

on its network
over a fiber strand that it owns or leases subject to an

IRU

. CenturyLink would also report a

Connection

if, by tariff, contract, or other non-

IRU

arrangement, a CLEC provides service to the
bank over a fiber strand that CenturyLink owns or leases subject to an

IRU

. Though in the second
example CenturyLink is selling or otherwise supplying the path to a

Provider

, which is excluded
from our definition of

End User

(except for facilities-based mobile wireless service

Providers

),
CenturyLink still must report the

Connection

to the

End User

. CenturyLink reports the

Connection

in both instances because it is the ILEC that is providing the physical, dedicated communication path
between a

Location

and the first

Node

on the

Provider’s

network.

II. Instructions

1. Responses to questions III.A–III.E are data specifications. If you provide Reponses to these
questions, we will accept responses in all formats. However, we are providing templates and
instructions which set forth a preferred format for your response. The templates are available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-319280A1.xlsx.
2. Please submit data specifications in accordance with these instructions, as well as the general
instructions provided at the end of this Public Notice.
3. If you choose to submit responses in electronic form only, preferably CDs, please label each CD or
other electronic media device submitted, and on that label, please provide your name and the content
of the electronic media device (e.g.,” [your company name] response to Question III.A.1”). Please
contact the Competition Policy Division staff members listed in this Public Notice if you would like
to submit an electronic medium other than a CD.
4. With each submission, we request that you provide an accompanying cover letter that: (a) identifies
each response by question number (e.g., we are submitting a response to Question III.A in this
submission); and (c) indicates whether the materials are a partial or full response to the data request.
5. Unless otherwise specified, each request is for data as of June 30, 2012.
3

III. Voluntary Information Request

A. For each

Listed Zip Code

, indicate whether you provide each

Listed Service

as an ILEC, a CLEC or
both.
B. For each

Listed Zip Code

, provide by 5-digit Zip Code:
1. The total number of

Locations

to which you provide a

Connection

that you own or that you
lease from another entity under an

IRU

agreement as of June 30, 2012. Provide the total number
of

Connections

at these

Locations

for the following capacities:
i) Up to and including a 1.544 Mpbs;
ii) Above 1.544 Mbps and up to and including 44.736 Mbps;
iii) Above 44.736 Mbps and up to and including 155.52 Mbps;
iv) Above 155.42 Mbps;
v) Dark fiber.
2. The total number of the

Locations

to which your company provided a

Connection t

o a free
standing cell tower or to a cell tower on a building that you own or that your lease from another
entity under an

IRU

agreement as of June 30, 2012. Provide the total number of

Connections

at
these

Locations

for the following capacities:
i) Up to and including a 1.544 Mpbs;
ii) Above 1.544 Mbps and up to and including 44.736 Mbps;
iii) Above 44.736 Mbps and up to and including 155.52 Mbps;
iv) Above 155.42 Mbps;
v) Dark fiber.
C. For each

Listed County

provide, by company, the total number of

Locations

to which your company
purchases from a company other than CenturyLink. Provide the total number of

Connections

at
these

Locations

for the following capacities:
i) Up to and including a 1.544 Mpbs;
ii) Above 1.544 Mbps and up to and including 44.736 Mbps;
iii) Above 44.736 Mbps and up to and including 155.52 Mbps;
iv) Above 155.42 Mbps;
v) Dark fiber.
D. For each

Listed Service

(or equivalent service) provide your nationwide total revenues, by customer
class (as monitored by your company), as of June 30, 2012. Separately include a brief description of
each of your equivalent services, your customer categories (e.g., wholesale versus retail, or small,
medium or large business enterprise customers).
E. For each

Listed County

, provide, by

Listed Service

(or equivalent service) and customer category
(as monitored by your company), your total annual revenues as of June 30, 2012. Separately include
a brief description of each of your equivalent services, your customer categories (e.g., wholesale
versus retail, or small, medium or large business enterprise customers) and indicate whether your
services are provided “on-net” or “off-net” within each Listed County.

IV. Listed Services

Legacy CenturyLink Services13



13 This list is a copy of Appendix A of CenturyLink’s Petition. CenturyLink Petition, Appendix A.
4

A. Ethernet Transport - Ethernet Transport (ET) service is a high speed data transport service that
provides point-to-point data transmissions in a fast packet based protocol. ET is available at 11
transport speeds: 10 Mbps, 20 Mbps, 50 Mbps, 100 Mbps, 150 Mbps, 300 Mbps, 450 Mbps, 600
Mbps, 1 Gbps, 2.5 Gbps, and 10 Gbps.
B. Ethernet Virtual Private Line - Ethernet Virtual Private Line (EVPL) service provides the ability to
order Ethernet service where a single connection can support multiple applications with varying
Quality of Service (QoS). EVPL is available at transport speeds of: 10 Mbps, 100 Mbps, 1 Gbps, and
10 Gbps.
C. Local Transport - Local Transport is a two-way voice frequency transmission path which permits the
transport of calls in the originating direction and in the terminating direction, but not simultaneously.
The voice frequency transmission path may be comprised of any form or configuration of plant
capable of and typically used in the telecommunications industry for the transmission of voice and
associated telephone signals within the frequency bandwidth of approximately 300 to 3000 Hz. Local
Transport is available at bandwidths of OC3 and OC12.
D. Synchronous Optical Channel Service - Synchronous Optical Channel Service (SOCS) provides
dedicated transport utilizing Synchronous Optical Network (SONET) transmissions standards. SOCS
is available at transmission rates of OC3 (155.52 Mbps), OC12 (622.08 Mbps), OC48 (2488.32
Mbps), and OC192 (9953.28 Mbps).
E. Custom Connect - Custom Connect provides a connection to the Optical Network and a customer’s
designated premises. Custom Connect may be ordered as switched or special access and is available
at OC3, OCl2, OC48, and OC192 bandwidth capacity.
F. Frame Relay Access Service - Frame Relay Access Service (FRAS) is a medium speed, connection-
oriented packet-switched data service that allows for the interconnection of Local Area Networks
(LANs) or other compatible end user customer premises equipment for the purpose of connecting to
an interstate frame relay network.
G. Asynchronous Transfer Mode Cell Relay Access Service - Asynchronous Transfer Mode Cell Relay
Access Service (ATM-CRS) is a connection-oriented transport service that is based on ATM
technology using fixed length, 53-byte cells. ATM-CRS provides high-speed data transport for
bandwidth intensive data, voice, or video applications with the ability to interconnect multiple
locations using the ATM-CRS network.
H. Video Frame Services - Type II (270 Mbps) - 270 Mbps Video is provided via one non-compressed
video signal with audio offered as an option in increments of two stereo channels. 270 Mbps Video is
offered as a switched configuration or a dedicated (non-switched) configuration. The switched
configuration may be a point-to-point or multi-point arrangement that terminates on ports of the
Telephone Company’s video switch. The dedicated arrangement is a point-to-point service for the
transmission of video without accessing the Telephone Company’s video switch.

Legacy Embarq Services

I.
Ethernet Virtual Private Line - Ethernet Virtual Private Line (EVPL) service provides the ability to
order Ethernet service where a single connection can support multiple applications with varying
Quality of Service (QoS). EVPL is available at transport speeds of: 10 Mbps, 100 Mbps, 1 Gbps, and
10 Gbps.
5

J. 270 Mbps Digital Video Transport Service (DVTS) - 270 Mbps DVTS is a broadband digital video
transport channel with one-way transmission capability and provides 270 Mbps high quality video.
The service may include up to four 20 kHz Audio Engineering Society (AES)/European Broadcasting
Union (EBU) digital audio signals.
Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS);
(2) the Federal Government’s eRulemaking Portal; or (3) by filing paper copies.14 All comments should
reference

WC Docket No. 12-60.

The public should also send a copy of their comment (or cover letter,
in the case of submissions of electronic media) to the Competition Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, to the
attention of Chris Sova or e-mail at christopher.sova@fcc.gov.
Please submit any responses that contain Confidential Information in accordance with the Second
Protective Order, which is being issued concurrently with this Public Notice.15 We also recommend that
all electronic media, such as CDs, be delivered by hand or via messenger, as described in more detail
below. If hand- or messenger-delivery of electronic media is not possible, please call Chris Sova at 202-
418-1868 or Jennifer Prime at 202-418-2403 to ensure proper handling of your materials.
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal:
http://www.regulations.gov.
§
Paper Filers: Parties who choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
§
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).


14 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
15 See Second Protective Order.
6

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the
Commission’s ex parte rules.16 Persons making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance of the presentations and not
merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and
arguments presented generally is required.17 Other requirements pertaining to oral and written
presentations are set forth in section 1.1206(b) of the Commission’s rules.18
For further information, contact Chris Sova of the Competition Policy Division, Wireline
Competition Bureau at (202) 418-1868.


16 47 C.F.R. § 1.1200 et seq.
17 See 47 C.F.R. § 1.1206(b)(2).
18 47 C.F.R. § 1.1206(b).
7

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