How can a Bell Operating Company enter into intraLATA?

In order for BOC to be eligible to provide in-region long distance service they must comply with Section 271. Section 271 (Bell Operating Company entry into intraLATA service) states in order for BOCs to provide in-region intraLATA service, it would have to meet the requirement of having a presence of a facility-based competitor and Specific interconnection requirements which includes the fourteen Competitive checklists:

A BOC meets the Presence of a facility-based competitor requirement if it has entered into one or more binding agreements that have been approved under section 252 specifying the terms and conditions under which the BOC is providing access and interconnection to its network facilities for the network facilities of one or more unaffiliated competing providers of telephone exchange service to residential and business subscribers.

Specific Interconnection requirements states in order for BOC to meet this requirement the company would have to provide access and interconnection to one or more competitor and the access and interconnection meets the requirements of competitive checklist.

Competitive checklist. Access or interconnection provided or generally offered by a Bell Operating company to other telecommunications carriers meets the requirements of this subparagraph if such access and interconnection includes each of the following:

1. Interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1).
2. Nondiscriminatory access to network elements in accordance with the requirements of section 251(c)(3) and 252(d)(1).
3. Nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned or controlled by the Bell operating company at just and reasonable rates in accordance with the requirements of section 224.
4. Local loop transmission from central office to the customer's premises, unbundled from local switching or other services.
5. Local transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other services.
6. Local switching unbundled from transport, local loop transmission, or other services.
7. Nondiscriminatory access to :

1. 911 and E911 services;
2. directory assistance services to allow the other carrier's customers to obtain telephone numbers; and
3. operator calls completion services.

1. White pages directory listing for customers of the other carrier's telephone exchange service.
2. Until the date by which telecommunications numbering administration guidelines, plan, or rules are established, nondiscriminatory access to telephone numbers for assignment to the other carrier's telephone exchange service customers. After that date, compliance with such guidelines, plans, or rules.
3. Nondiscriminatory access to database and associated signaling necessary for call routing and completion.
4. Until the date by which the Commission issues regulations pursuant to section 251 to require number portability, interim telecommunications number portability through remote call forwarding, direct inward dialing trunks, or other comparable arrangements, with as little impairment of functioning, quality, reliability, and convenience as possible. After that date, full compliance with such regulations.
5. Nondiscriminatory access such services or information as are necessary to allow the requesting carrier to implement local dialing parity in accordance with the requirements of section 251(b)(3).
6. Reciprocal compensation arrangements in accordance with the requirements of section 252(d)(2).
7. Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3).

 

1 B.

• After meeting the requirements, they would have to submit application to the Commission for authorization to provide interLATA services originating in any in-region State. On and after the date of enactment of the Telecommunication Act of 1996, a Bell operating company or its affiliate may apply to the Commission for authorization to provide interLATA services originating in any in-region State. The application shall identify each State for which the authorization is sought.
• The Commission shall consult with the Attorney General to provide an evaluation of the application using any standard the Attorney General considers appropriate. The Commission shall give substantial weight to the Attorney General's evaluation; however, such evaluation shall not have any preclusive effect on any Commission decision.
• The Commission shall consult with the State Commission to verify the compliance of the BOC with the requirements.
• The Commission shall issue written determination approving or denying the authorization requested in the application for each State within 90 days.

The structural/organizational and marketing restriction is that BOC subjected to requirements of Section 251(c) may not provide any service unless it provides that service through one or more affiliates that are separate from any operating company entity that is subjected to the same requirement. This separate affiliate is required for BOCs that are interested in in-region interLATA telecommunication service.

• The separate affiliate shall operate independently from BOCs.
• The affiliate shall maintain books, records, and accounts from BOCs.
• The affiliate shall have separate officers, directors, and employees from BOCs.
• The affiliate shall not obtain credit using BOCs' assets.
• The affiliate shall conduct all transactions with BOC on an arm's length basis with any such transaction reduced to writing and available for public inspection.