Agenda Date: October 27, 1999
Item Number: 
   
Docket:  UT-990391

Company Name: Utilities - General
   Rulemaking to implement Section 252(i) of the Telecommunications Act of 1996 
and FCC rule 51.809.

Staff:   Kathy Folsom, Telecommunications Analyst
   Jing Roth, Regulatory Consultant
   Tre Hendricks, Administrative Law Clerk
   Larry Berg, Administrative Law Judge
   
Recommendation:

Direct the Secretary to file a preproposal statement of inquiry (CR-101) with 
the code reviser in Docket UT-990391 on the subject of implementing Section 
252(i) of the Telecommunications Act of 1996 and FCC rule 51.809, generally 
known as the “pick and choose” provisions.

Discussion:

On September 10, 1999, the Commission Staff initiated this rulemaking in order 
to explore the need for rules governing procedural and substantive requirements 
to implement Section 252(i) of the Telecommunications Act of 1996 (“the Act”) 
and FCC rule 51.809, generally known as the “pick and choose” provisions. 
Pursuant to Section 252(i) of the Act, local exchange carriers must “make 
available any interconnection, service, or network element provided under an 
agreement approved under this section to which it is a party to any other 
requesting telecommunications carrier upon the same terms and conditions as 
those provided in the agreement.”

On June 15, 1999, Telcom Group, Inc., NEXTLINK Washington, Inc., Electric 
Lightwave, Inc., Frontier Local Services, Inc., and Frontier Telemanagement, 
Inc. filed a petition, in Docket UT-990355, requesting that the Commission 
issue a declaratory order or an interpretive and policy statement regarding 
implementation of the pick and choose provisions.  The petitioners alleged that 
their efforts to “pick and choose” provisions from existing interconnection 
agreements have demonstrated uncertainty as to the implementation of the pick 
and choose provisions of Section 252(i).

The Commission circulated a draft interpretive and policy statement on October 
15, 1999, requesting comment from all interested parties. The general purpose 
of the statement is to establish guidelines for parties seeking to pick and 
choose interconnection arrangements under Section 252(i).  The Commission may 
formally adopt the interpretive and policy statement after considering all 
comments.  The principles contained in the interpretive and policy statement 
may be used by the Commission in developing its opinions and decisions 
regarding interconnection agreements that come before it. 

Currently, the Commission does not have rules specifically addressing the pick 
and choose provisions of the Act.  This rulemaking inquiry is intended to 
determine whether there is a need for Commission rules on the subject, in light 
of the Commission interpretive and policy statement, and if so, what the rules 
should provide.

Staff will schedule public meetings and workshops with broad notice to 
interested persons, inviting regulated utilities and other interested parties 
to participate in the rulemaking process.  An initial workshop will likely be 
held in December, 1999, to consider the need for rules regarding the pick and 
choose provisions of the Act.

Conclusion:

Staff recommends that the Commission direct that a rulemaking process be 
convened on this topic and order the Commission Secretary to file a preproposal 
statement of inquiry (CR-101) with the code reviser.