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                                                         DA 04-33
                                                January  09, 2004

               ENFORCEMENT BUREAU SEEKS COMMENT ON
         BELLSOUTH TELECOMMUNICATIONS, INC. SECTION 272 
          BIENNIAL AUDIT REPORT IN EB DOCKET NO. 03-197

Comments Due:   March 9, 2004 

Pursuant to section 271 of the Communications Act of 1934, as 
amended (``Communications Act''),1 the Commission has authorized 
BellSouth Telecommunications, Inc. (``BellSouth'') to enter the 
in-region interLATA market in Alabama, Florida, Georgia, 
Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, 
and Tennessee. 2  Section 272 of the Communications Act requires 
Bell Operating Companies to offer in-region, interLATA service 
through separate affiliates that comply with certain structural, 
nondiscrimination, and accounting safeguards.  Section 272(d) 
requires a biennial audit.3  We have received the results of the 
biennial audit of BellSouth's first year of operations in 
Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, 
North Carolina, South Carolina, and Tennessee.  The audit report, 
``BellSouth Telecommunications, Inc. Section 272 Biennial Agreed-
Upon Procedures Engagement Pursuant to Section 272(d)(2) of the 
Telecommunications Act of 1996,'' was submitted by 
PricewaterhouseCoopers LLP on November 10, 2003.

Section 272(d)(2) of the Communications Act requires that the 
results of the audit be made publicly available.4  We now release 
the BellSouth audit report. 5  In accordance with section 
53.213(d) of the Commission's rules,  interested parties may file 
comments on the report with the Commission within 60 days. 6  
Accordingly, comments are due no later than March 9, 2004.

EX PARTE PRESENTATIONS

Pursuant to section 1.1206 of the Commission's rules, this 
proceeding will be conducted as a permit?but?disclose proceeding 
in which ex parte communications are permissible but subject to 
disclosure.7

FILING PROCEDURES

Interested parties may file comments on the biennial audit report 
using the Commission's Electronic Comment Filing System (ECFS) or 
by filing paper copies.8  Comments filed through the ECFS can be 
sent as an electronic file via the Internet to 
.  Generally, only one copy 
of an electronic submission must be filed.  In completing the 
transmittal screen, commenters should include their full name, 
Postal Service mailing address, and the applicable docket or 
rulemaking number.  Parties may also submit an electronic comment 
by Internet e-mail.  To get filing instructions for e-mail 
comments, commenters should send an e-mail to ecfs@fcc.gov, and 
should include the following words in the body of the message, 
"get form your e-mail address."  A sample form and directions 
will be sent in reply.

Parties who choose to file by paper must file an original and 
four copies of each filing.  All filings must be sent to the 
Commission's Secretary, Marlene H. Dortch, Office of the 
Secretary, Federal Communications Commission, 445 12th Street, 
S.W., CY-B402, Washington, D.C. 20554.

Parties who choose to file by paper should also submit their 
comments on diskette.  These diskettes should be submitted to:  
Ernestine Creech, Room 6-C317, Investigations and Hearings 
Division, Enforcement Bureau, 445 12th Street, S.W., Washington, 
D.C. 20554.  Such a submission should be on a 3.5-inch diskette 
formatted in an IBM compatible format using Word or compatible 
software.  The diskette should be accompanied by a cover letter 
and should be submitted in "read only" mode.  The diskette should 
be clearly labeled with the commenter's name, proceeding 
(including the docket number, in this case EB Docket No. 03-197), 
type of pleading (comments), date of submission, and the name of 
the electronic file on the diskette.  The label should also 
include the following phrase "Disk Copy - Not an Original."  Each 
diskette should contain only one party's pleadings, preferably in 
a single electronic file.  In addition, commenters must send 
diskette copies to the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street, S.W., Room CY-B402, 
Washington, D.C.  20554. 

All filings must contain the docket or rulemaking number that 
appears in the caption of this proceeding.  Filings can be sent 
by hand or messenger delivery, by commercial overnight courier, 
or by first-class or overnight U.S. Postal Service mail (although 
we continue to experience delays in receiving U.S. Postal Service 
mail).  The Commission's contractor will receive hand-delivered 
or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, N.E., Suite 110, 
Washington, D.C. 20002.  The filing hours at this location 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.  The filing hours at this location are 8 am. to 5:30 p.m.  
First-class U.S. Postal Service mail, Express Mail, and Priority 
Mail should be addressed to 445 12th Street, S.W., Washington, 
D.C. 20554.  All filings must contain the Docket Number, and must 
be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. 

In accordance with the Commission's earlier Public Notice 
announcing that hand-delivered or messenger-delivered filings are 
no longer accepted at the Commission's headquarters, hand-
delivered or messenger-delivered filings must be delivered to 236 
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.9  

Filings and comments are available for public inspection and 
copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, S.W., Room CY-
A257, Washington, D.C., 20554.  They may also be purchased from 
the Commission's duplicating contractor, Qualex International, 
Portals II, 445 12th Street, S.W., Room CY-B402, Washington, 
D.C., 20554, telephone (202) 863-2893, facsimile (202) 863-2898, 
or via e-mail qualexint@aol.com.

  If you are sending this type   It should be addressed for 
  of document or using this      delivery to...
  delivery method...

  Hand-delivered or messenger-   236 Massachusetts
  delivered paper filings for    Avenue, N.E., Suite 110,
  the Commission's Secretary     Washington, D.C. 20002 
                                 (8:00 a.m. to 7:00 p.m.)

  Commercial overnight mail      9300 East Hampton Drive,
  (other than United States      Capitol Heights, MD  20743
  Postal Service Express Mail    (8:00 a.m. to 5:30 p.m.)
  and Priority Mail)

  United States Postal Service   445 12th Street, S.W.
  first-class mail, Express      Washington, D.C.  20554
  Mail, and Priority Mail

Parties are strongly encouraged to file comments electronically 
using the Commission's Electronic Comment Filing System (ECFS).

Copies of the BellSouth 272(d) biennial audit report and any 
subsequently filed documents in this matter may be obtained from 
the Commission's duplicating contractor, Qualex International, 
Portals II, 445 12th Street, S.W., Room CY-B402, Washington, 
D.C., 20554, telephone (202) 863-2893, facsimile (202) 863-2898, 
or via e-mail qualexint@aol.com. 

Electronic versions of the BellSouth 272(d) biennial audit report 
are also available on the FCC's Internet Home Page 
(http://www.fcc.gov) and through the Commission's Electronic 
Comment Filing System.  To the extent that parties file 
electronic versions of comments, such filings also will be 
available on the FCC's Internet Home Page and through the 
Commission's Electronic Comment Filing System.  Copies of the 
audit report and documents are also available for public 
inspection and copying during normal reference room hours at the 
Commission's Reference Center, 445 12th Street, S.W., CY-A257, 
Washington, D.C. 20554.

For further information, contact Hillary DeNigro at (202) 418-
7334 or Mika Savir at (202) 418-0384.

Action by the Chief, Enforcement Bureau 
_________________________

1    47 U.S.C. § 271.

2    See Application by BellSouth Corporation, BellSouth 
Telecommunications, Inc., and BellSouth Long Distance, Inc. for 
Authorization to Provide In-Region, InterLATA Services in Florida 
and Tennessee, WC Docket No. 02-307, Memorandum Opinion and 
Order, 17 FCC Rcd 25828 (2002); Joint Application by BellSouth 
Corporation, BellSouth Telecommunications, Inc., and BellSouth 
Long Distance, Inc. for Authorization to Provide In-Region, 
InterLATA Services in Alabama, Kentucky, Mississippi, North 
Carolina, and South Carolina, WC Docket No. 02-150, Memorandum 
Opinion and Order, 17 FCC Rcd 17595 (2002); Joint Application by 
BellSouth Corporation, BellSouth Telecommunications, Inc., and 
BellSouth Long Distance, Inc. for Authorization to Provide In-
Region, InterLATA Services in Georgia and Louisiana, CC Docket 
No. 02-35, Memorandum Opinion and Order, 17 FCC Rcd  9018 (2002).

3    47 U.S.C. § 272(d).

4    47 U.S.C. § 272(d)(2).

5    BellSouth initially requested confidential treatment for 
portions of the audit report.  See Letter from Stephen L. 
Earnest, BellSouth Corporation to Terry Bowling, Partner, 
PricewaterhouseCoopers (Nov. 7, 2003).  That request has been 
withdrawn.

6    47 C.F.R. § 53.213(d).

7    47 C.F.R. § 1.1206.

8    See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 Fed. Reg. 24,121 (1998).

9    See Public Notice, ``FCC Announces New Filing Location for 
Paper Documents,'' DA 01-2919 (rel. December 14, 2001).