Agenda Date: August 13, 1997
Item Number:

Docket:   UT-970300
   
Company Names: In the Matter of the Investigation Into 
   U S WEST Communications Inc.'s Compliance with
   Section 271 of the Telecommunications Act of 1996

Staff:   Bob Wallis, Review Judge

Recommendation:

Enter an order in Docket UT-970300 adopting a policy statement setting out the 
information and the procedures that the Commission requires from U S WEST when 
the Company files an application with the Federal Communications Commission to 
enter regional message toll competition.

Discussion:

Under Section 271 of the Federal Telecommunications Act, an incumbent regional 
Bell operating company (RBOC) can enter regional long distance competition 
after demonstrating to the FCC that competition exists for local exchange 
service. A State Commission may “consult” with the FCC by submitting a report 
in writing, within 20 days after the Company’s filing, addressing the Company’s 
compliance in that State with requirements for entering regional toll 
competition.

The Commission started this procedure shortly after the start of 1997 to 
address questions it had about the application of the law, and to establish a 
process for responding in a knowledgeable and timely manner when U S WEST files 
its Section 271 application.

The Commission invited comments on specific questions and on the subject 
generally.  It held a workshop for participation of interested persons. Several 
Commission Staff members have participated in working from the opinions 
expressed and the materials provided to the Commission.

Staff recommends entering the attached Order, which resolves the questions that 
the Commission asked about the Section 271 process.  The Order determines that 
sufficient information is available to resolve matters, but recognizes that in 
several areas it may be advantageous to explore more specific standards.  The 
Order adopts an interim policy statement, to be effective unless and until 
superseded, and establishes a schedule for submission of further information 
and comment, and for a workshop on the identified topics.  The Order also 
provides for further comment on the Order and Policy Statement generally.