Before the - AT&T

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BEFORE THE

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON, D.C. 20554

|In the Matter of |) | |

| |) | |

|Joint Application by SBC Communications Inc., |) | |

|Southwestern Bell Telephone Company, and |) | |

|Southwestern Bell Communications Services, |) |CC Docket No. ________ |

|Inc. d/b/a Southwestern Bell Long Distance for |) | |

|Provision of In-Region, InterLATA Services in |) | |

|Kansas and Oklahoma |) | |

AFFIDAVIT OF JAN D. ROGERS

STATE OF TEXAS )

)

COUNTY OF DALLAS )

TABLE OF CONTENTS

OPERATOR SERVICES/DIRECTORY ASSISTANCE/WHITE PAGES/LIDB/CNAM/LVAS AFFIDAVIT

|SUBJECT |PARAGRAPH (S) |

|PROFESSIONAL EXPERIENCE AND EDUCATIONAL BACKGROUND |2 |

|EXECUTIVE SUMMARY |3 |

|TEXAS 271 ORDER |4-6 |

|UNE REMAND ORDER IMPACT ON OPERATOR SERVICES AND DIRECTORY ASSISTANCE |7-10 |

|AVAILABILITY OF OPERATOR SERVICES AND DIRECTORY ASSISTANCE |11-23 |

|SUBJECT |PARAGRAPH (S) |

|CONFIGURATION AND NONDISCRIMINATORY PROVISIONING OF OS AND/OR DA SERVICES |24-25 |

|DIRECT ACCESS TO DA DATABASE VS. PROVISION OF DA LISTINGS AND DA SERVICE |26-30 |

|WHOLESALE-SPECIFIC OS AND DA SERVICES |31-38 |

|BRANDING | |

|RATE/REFERENCE | |

|INWARD OPERATOR SERVICE | |

|LINE STATUS VERIFICATION | |

|BUSY LINE INTERRUPT | |

|DIRECT ACCESS TO DA LISTINGS | |

|DIRECT ACCESS TO DA DATABASES | |

|DIRECTORY ASSISTANCE LISTINGS IN BULK | |

|PRICING AND BILLING FOR OS AND DA SERVICES |39-47 |

|PERFORMANCE MEASUREMENTS FOR OS AND DA SERVICES |48-50 |

|WHITE PAGE LISTINGS FOR CLECS’ END USER CUSTOMERS |51-61 |

|NONDISCRIMINATORY TREATMENT OF CLEC WHITE PAGE LISTINGS |62-65 |

|LISTING VERIFICATION CAPABILITIES FOR CLEC LISTINGS |66-69 |

|LINE INFORMATION DATABASE (LIDB), CALLING NAME (CNAM) DELIVERY AND UNBUNDLED ACCESS TO THE LIDB SERVICE |70-83 |

|MANAGMENT SYSTEM | |

|ADDITIONAL LIDB FUNCTIONALITY |84-86 |

|CONCLUSION |87-89 |

|LIST OF KANSAS AND OKLAHOMA CLECS FOR WHICH OS AND/OR DA SERVICES HAVE BEEN PROVIDED BY SWBT |ATTACHMENT A |

|EXAMPLES OF WHITE PAGE DIRECTORY INFORMATIONAL PAGES FOR CLECS IN KANSAS AND OKLAHOMA |ATTACHMENT B |

I, Jan D. Rogers, being of lawful age and duly sworn upon my oath, do hereby depose and state as follows:

1. My name is Jan D. Rogers. My business address is One Bell Plaza, Room 3430, Dallas, Texas 75202. I am Director-Regulatory – Operator Services for Southwestern Bell Telephone Company (“SWBT”). In this position I am responsible for representing SWBT’s Operator Services and White Page directory organizations before regulatory bodies and other external stakeholders. I also assist these organizations in meeting all legal and regulatory requirements relating to Operator Services and White Page directory operations of SWBT.

PROFESSIONAL EXPERIENCE AND EDUCATIONAL BACKGROUND

2. I attended the University of Oklahoma in Norman, Oklahoma, where I earned a BA degree in Journalism in May 1975. I completed a Masters degree in Business Administration at Washington University in St. Louis, Missouri in August 1998. While working for the Company I have attended a number of seminars and other training sponsored by SWBT, and other industry organizations on various management subjects. I began my career with SWBT in 1987. I have held various positions in the Corporate Communications, Advertising, Benefits Administration, and Industry Markets organizations. From August 1996 to May 1999 I was responsible for resale implementation, CLEC education, and Operator Services interconnection agreement language and negotiation support in SWBT’s Local Interconnection and Resale organization. I began my current assignment as Director-Regulatory on SWBT’s Operator Services and White Pages staff in June 1999.

EXECUTIVE SUMMARY

3. As demonstrated in this affidavit, SWBT satisfies the requirements of the Telecommunications Act of 1996 (the “Act”)[1] Section 251 and Section 271 (c)(2)(B), items (vii)(II) and (III), item (vii), and item (x) by providing non-discriminatory access to the following:

• Operator Services (“OS”), including adjunct Operator Call Completion Services;[2]

• Directory Assistance (“DA”) Services,[3] including Directory Assistance Call Completion (“DACC”);

• Directory Assistance Listings (“DAL”) in bulk format,[4]

• Direct Access to the DA database;

• White Page (“WP”) directory listings for CLECs’ end users,[5] and CLEC White Page informational pages;

• Line Information Database (“LIDB”), on an unbundled basis, for call billing validation; Calling Name delivery (“CNAM”); and LIDB’s Line Validation Administrative System (“LVAS”) service management system.[6]

TEXAS 271 ORDER

4. On June 30, 2000, the Federal Communications Commission (“FCC”) approved Southwestern Bell's Texas 271 Application.[7] In so doing, the FCC found that SWBT satisfies the requirements of the Act by providing nondiscriminatory access to OS/DA, DAL, WP, LIDB and CNAM.

5. Specifically, in its Texas Order the FCC found that SWBT satisfies the requirements of competitive checklist item 8 for the provision of white pages listings,[8] and checklist item 10, which requires nondiscriminatory access to the CNAM and LIDB databases.[9] The FCC also found that SWBT's OS/DA services are provided in accordance with the requirements of checklist item 7.[10] As stated by the FCC those requirements are that “[c]ompeting carriers…must be able to obtain directory listings either by obtaining directory information on ‘read only’ or ‘per dip’ basis…or by creating their own directory assistance database by obtaining the subscriber listing information in the BOC's database…Based on the evidence in the record, we conclude that SWBT demonstrates that it provides directory assistance services in accordance with the requirements of checklist item 7.”[11]

6. SWBT's OS/DA, DAL, WP, LIDB and CNAM are operated and managed on a 5-state Thus the evaluation and findings of the FCC related to OS/DA, DAL,WP, LIDB and CNAM for Texas apply equally to Kansas and Oklahoma. As set out below, SWBT continues to meet the requirement of the Act in Kansas and Oklahoma, and throughout the 5-state region for the provisioning of OS/DA, Directory Listings, WP, LIDB and CNAM.

UNE REMAND ORDER

7. In the UNE Remand Order, which became effective February 17, 2000, the FCC found that where incumbent LECs provide customized routing, they need not provide access to OS/DA as unbundled network elements.[12] The FCC also specifically declined to expand the definition of OS/DA to include an affirmative obligation “to provide directory listings updates in daily electronic batch files.” Id., 15 FCC Rcd at 3892-93, ¶ 444. The FCC regarded such a finding as unnecessary because this obligation “already exists under Section 251 (b)(3) and the relevant rules promulgated thereunder.” Id. Neither Section 251(b)(3) nor the related FCC rules[13] require provision of access to such listings on an unbundled basis. Rather, under these rules, SWBT is required to make such listings available on a non-discriminatory basis and with no unreasonable dialing delays.

8. Although incumbent LECs are still bound by their obligations under Section 251(b)(3) to provide nondiscriminatory access to operator services, directory assistance services and directory assistance listings to competing providers, under the UNE Remand Order it is clear that market-based pricing applies to these offerings. UNE-based rates for OS/DA services no longer apply. UNE Remand Order, 15 FCC Rcd at 3906, ¶ 473. Specifically, the FCC stated, “Checklist item obligations that do not fall within a BOC’s obligations to provide unbundled network elements are not subject to the requirements of Sections 251 and 252, including the requirement that rates be based on forward-looking economic costs.”[14]

9. As discussed in the Affidavit of William C. Deere (App. A, Tab 4), customized routing is available to CLECs throughout SWBT’s region, and is included in the K2A and O2A Attachment 6-UNE (App. B-KS, Tab 1) (App.B-OK, Tab 1).Customized routing allows a competing carrier to route OS/DA traffic from its customers to the carrier's own OS/DA platform or another company that provides OS/DA services. Competing carriers in the SWBT region, therefore, can route their OS/DA traffic to their own platform or another provider of OS/DA services.

10. Because SWBT makes customized routing available to CLECs throughout the SWBT region, SWBT is not required to make OS/DA services available on an unbundled basis.[15] As discussed further in my affidavit, SWBT complies with all requirements of the Act and all FCC regulations by providing nondiscriminatory access to operator services, directory assistance, and directory assistance listings, pursuant to Section 251(b)(3) of the Act. The access provided by SWBT in all circumstances is at least equal in quality to that SWBT provides to itself for its end users. Further, SWBT does not discriminate in the rates, terms and conditions offered to carriers for operator services, directory assistance services or directory assistance listings.

AVAILABILITY OF OPERATOR SERVICES AND DIRECTORY ASSISTANCE

11. CLECs who provide local exchange telephone service through their own switch, and/or through SWBT’s switch via resale or unbundled switch ports, have several options in selecting a provider of OS and DA services for their end user customers. OS and DA are competitive services as noted by the FCC in its UNE Remand Order.[16] The following briefly outlines the OS and DA service options that SWBT, as one wholesale provider, makes available to CLECs for their end user customers.

12. Resale Services OS/DA – SWBT provides CLECs’ end users access to SWBT’s OS and/or DA services (“OS/DA”) on the same basis as SWBT’s retail end user customers as part of SWBT’s resold local telecommunications services. If the resale CLEC wishes to provide OS/DA services itself or to use a third-party OS/DA provider, the CLEC may choose to “custom route”[17] its end user OS/DA calls to itself or a third party provider it designates. Resale CLECs that use SWBT’s OS and/or DA services are billed for OS and DA retail services, minus the appropriate avoided cost discount, on their resale bills.

13. Providers using unbundled local switching – Since routing of OS/DA calls to SWBT is part of the underlying functionality of SWBT’s switch ports, CLECs utilizing SWBT’s unbundled local switching can choose SWBT to provide OS/DA services to their end users. Or the CLEC may choose to “custom route” its end users’ OS /DA calls to itself or a third party OS/DA provider.

14. Switch-based providers – A CLEC providing local exchange service solely through its own facilities or through a combination of its switch and SWBT’s unbundled loops may choose to route its end users’ OS/DA calls to itself, to SWBT’s platform, or to a third-party OS/DA provider. SWBT will negotiate contracts for the provision of either OS or DA services or both, according to the needs of the CLEC.

15. Separate appendices to SWBT’s interconnection agreements allow facilities-based CLECs to choose SWBT as their provider of OS and/or DA services.[18]

16. In addition to the retail OS/DA services (detailed below) that SWBT offers to CLECs for their end users, SWBT also provides the following wholesale services for both resale and facilities-based CLECs:

• Call Branding, a wholesale service that enables a CLEC, to identify itself audibly and distinctly to its end user customer at the beginning of each OS/DA call handled by SWBT on the CLEC’s behalf, as well as prior to completion of a DACC request from the CLEC’s end user; [19]

• Call Rating/Reference Information, also a wholesale service that enables SWBT operators to quote the CLEC’s operator or DA service rates, provided by the CLEC, to CLEC’s end-users upon request.[20] SWBT deployed new technology specifically to enable SWBT’s operators to provide CLECs’ rates to their end user customers, as well as providing:

a. CLEC end-users with the CLEC’s business office and repair telephone numbers, and

b. CLECs’ Time and Cost rate information to end users when the CLEC resells SWBT’s Hotel/Motel service.

17. For more detail about Branding, Rate/Reference and other wholesale services, please see the “Wholesale-Specific OS and DA Services SWBT Provides” section of my affidavit.[21]

18. The DA services[22] provided by SWBT to requesting CLECs’ end users in Kansas and Oklahoma are identical to the services provided to SWBT’s end users and include:

• Directory Assistance, as in SWBT’s retail operations, provides subscriber listing information name, address and published telephone number (or an indication of “non-published” status) to CLECs’ end users that dial 411 or NPA 555-1212. SWBT's National Listing Service for non-local listings, also is provided to CLECs’ end users.[23] SWBT will negotiate to handle less than all of a CLEC’s OS and/or DA traffic (411 DA calls but not 555-1212 local DA calls, for example), at the request of the CLEC;

• Directory Assistance Call Completion, also identical to the retail service, completes a local or intraLATA call to the requested number, on behalf of a CLEC’s end user, utilizing automated voice system or operator assistance.

19. The specific Operator Services[24] furnished to requesting CLECs for their end users in Kansas and Oklahoma include:

• Fully-Automated Call Processing. This service allows the end user to complete a call without the assistance of an operator. Generally, end users may bill fully-automated calls to their local telephone bill, a telecommunications calling card, a third number, or collect.

• Operator-Assisted Call Processing. This includes the following types of Operator Call Completion Services:

• Semi-Automated - An end user dials zero plus the telephone number and the call is completed with the assistance of an operator. This may include station-to-station or person-to-person sent paid, calling card, collect or bill to third number calls. Sent paid calls are those billed to the telephone number from which the call is made (i.e., not alternately billed collect, third number or calling card).

• Station-to-Station Operator Handled - An end user dials “zero” and places either station-to-station or person-to-person sent paid, collect, third number or calling card call using an operator’s assistance.

• Line Status Verification - A service in which the caller requests that the operator determine whether an access line is in use. See the Line Status Verification portion of the “Wholesale OS and DA Services SWBT Provides” section later in my affidavit for a complete description of this service.

• Busy Line Interrupt - A service in which the end user asks the operator to interrupt a conversation in progress to determine if one of the parties is willing to speak to the caller requesting the interrupt. See the Busy Line Interrupt portion of the “Wholesale OS and DA Services SWBT Provides” section later in my affidavit for a complete description of this service.

• Operator Transfer - A service in which a CLEC’s end user customer dials zero and requests to place an interLATA call using a SWBT operator’s assistance. At the caller’s request, the operator transfers the call to an interexchange carrier participating in an offering of the CLEC’s Operator Transfer Service. The contracting CLEC makes necessary service arrangements with its participating interexchange carriers.

• Miscellaneous Operator Services - Includes the following call types: general assistance, Repair Bureau and Business Office requests, credit requests and instances where end users dial zero for information other than for help obtaining a telephone number or completing a telephone call (i.e. time of day).

20. If a facilities-based CLEC chooses to use SWBT for its OS or DA services, SWBT agrees to provide the contracted OS or DA services for that CLEC on an end-office-by-end-office basis for a minimum period of one year. This one-year period enables SWBT to forecast its DA and OS call volumes. Without such a commitment, SWBT could not allocate appropriate staffing and equipment resources to serve all callers, including CLEC, ILEC and SWBT end user customers, in an accurate and efficient manner.

21. Attachment A of this affidavit provides a list of CLECs in Kansas and Oklahoma that have implemented OS and DA service arrangements with SWBT as of the end of August, 2000. As indicated on this Attachment, SWBT has implemented DA Service arrangements for 11 facilities-based CLECs and 16 resale CLECs in Kansas and 7 facilities-based CLECs and 14 resale CLECs Oklahoma. Also, SWBT has implemented OS arrangements for 11 facilities-based CLECs and 16 resellers in Kansas and 7 facilities-based CLECs and 14 resellers Oklahoma.

22. SWBT provides CLECs nondiscriminatory access to DA services in the same manner and on the same terms and conditions as it currently does to 39 independent incumbent local exchange companies (“ILECs”) in Kansas and 37 ILECs in Oklahoma. SWBT also furnishes Operator Services under contract on behalf of 38 ILECs in Kansas and 30 ILECs in Oklahoma. SWBT offers CLECs the same terms, conditions and pricing for OS that are currently offered to these ILECs in Kansas and Oklahoma today.

23. SWBT’s provisioning of OS/DA services to CLECs in Kansas and Oklahoma as described above is the same as that provided in Texas and throughout the SWBT region. The findings of the FCC that SWBT has met the requirements of the Act for the provisioning of OS/DA services in Texas therefore applies equally to Kansas and Oklahoma today.[25]

CONFIGURATION AND NONDISCRIMINATORY PROVISIONING OF

OS AND/OR DA SERVICES

24. SWBT provides switch-based CLECs with unbundled access to OS/DA facilities and functionalities by standard trunk interconnections when such a CLEC elects to utilize SWBT as its OS/DA provider. The CLEC's end-user can access SWBT’s OS and DA services by dialing 411, 555-1212 or another dialing code, as determined by the switch-based CLEC. To initiate routing of OS/DA calls to SWBT, the CLEC orders dedicated trunks to SWBT’s operator switch per the terms of its interconnection agreement with SWBT.[26]

25. Direct Access to SWBT’s DA Database, which a CLEC might wish its DA operators to use on a query-by-query basis, is further discussed in the Direct Access portion of my affidavit.

DIRECT ACCESS TO DA LISTINGS VS. PROVISION

OF DA LISTINGS AND DA SERVICE

26. SWBT has discrete obligations under the Act, FCC rules and current interconnection agreements to provide non-discriminatory access to DA services, directory assistance listing information, and direct access to SWBT’s DA database. It is important to understand the distinctions between these terms.

27. First, SWBT will provide its DA services on behalf of any CLEC upon request and completion of an effective interconnection agreement. As required by FCC Rule §51.217 (c)(3)(i), SWBT provides CLECs nondiscriminatory access to SWBT’s DA services via Appendix DA to an interconnection agreement.[27] This option may be attractive to a CLEC that chooses not to provide its own DA services, but chooses SWBT to provide DA services to its end users and brand the services as its own..

28. Secondly, SWBT will provide directory assistance listing information in bulk format directly to a CLEC that chooses to provide its own DA services. Attachment 18 to the K2A and O2A, “Mutual Exchange of Directory Listing Information (‘DLI’)” provides CLECs with access to the directory assistance listing information in SWBT’s DA database. Access to the DA listing information via Attachment 18 - DLI of the K2A and O2A to interconnection agreements enables SWBT to comply with FCC Rule § 51.217 (c)(3)(ii) by providing DA listings via magnetic tape and electronic transmission, with daily updates.

29. Third, SWBT also offers CLECs physical interconnection with direct access, on a query-by-query basis, to the same DA database that is accessed by SWBT operators for DA purposes. K2A/O2A Attachment DLI, in addition to making DA listings available electronically in bulk with daily updates, satisfies the requirement of FCC Rule § 51.217 (c)(3)(ii) by making “read only” access to the information in SWBT’s DA database available to CLECs on a query-by-query basis.

30. Thus, SWBT makes DA services, DA listings, and direct access to the DA database available to CLECs on a nondiscriminatory basis. Following are details about the services which SWBT provides to wholesale customers in conjunction with the OS and DA services which SWBT provides to a CLEC’s end users on the CLEC’s behalf.

WHOLESALE OS AND DA SERVICES

31. Branding OS And DA Calls - OS and DA calls from switch-based CLECs, like those calls from independent and wireless telephone companies, are delivered to SWBT’s operator switch over separate, dedicated trunk groups. Therefore SWBT was able to offer branding of switch-based CLECs’ OS and DA calls quickly after passage of the Act. To satisfy the branding requirement of FCC rule 47 C.F.R. § 51.217 (d) for resellers, SWBT installed switch upgrades to its OS switches in 1997 to make branding capability available to any requesting CLEC in Kansas and Oklahoma, including facilities-based carriers that use SWBT’s unbundled local switching and resellers of SWBT’s local exchange service. This feature allows OS and DA calls from end users of different carriers (SWBT and CLECs), combined on the same trunk, to receive the brand of the end user’s local exchange carrier. Provisions for branding are included in SWBT’s approved interconnection agreements.[28] Attachment A lists the 11 facilities-based providers and 13 resellers in Kansas and 6 facilities-base providers and 11 resellers in Oklahoma to whom SWBT provides OS/DA branding.

32. Rate/Reference Service enables SWBT operators to quote the CLEC’s OS or DA rates, provided by the CLEC, to CLEC’s end-users upon request. An additional wholesale service to CLECs, SWBT’s operators can quote to CLEC end-users the CLEC’s business office and repair telephone numbers, and CLECs’ Time and Cost rate information when the CLEC resells SWBT’s Hotel/Motel service.

33. Inward Operator Service[29] includes Line Status Verification and/or Busy Line Interrupt services (described below). These services are available, under reciprocal contract, to telephone operators of CLECs and other independent telephone companies that provide their own OS (via their own switches or custom routing). Other providers’ operators can access SWBT’s Inward Operator personnel to check a SWBT line for one of the provider’s end users. The SWBT operator provides a report on line status and, if required, interrupts the call on behalf of the third-party’s calling party. On a reciprocal basis, when a SWBT end user requests verification and/or interrupt of another switch-based carrier’s end user, SWBT’s operator will access the Inward Operator of the other carrier who will perform the service.[30]

34. Line Status Verification[31]– This service allows a SWBT operator to determine, on a caller’s request, whether a conversation is in progress on a particular line. Often, this service is requested if a caller attempts to place a local or intraLATA call on a direct-dial basis and repeatedly reaches a busy signal. The caller dials zero and requests that the operator “check” the line to determine if it is busy. The operator first dials the number and if the line is clear, then the call is completed. If the operator reaches a busy condition, the operator will access SWBT’s verification equipment. The calling customer will still be on the line, but is on “hold” and cannot hear the verification process. When the operator accesses the verification network, a scrambler attaches to the line. The scrambler allows the operator to determine if a conversation exists on the line without interrupting the conversation and without being able to understand what is being said. The scrambler thus protects the parties’ privacy. The operator will report the result of the verification attempt to the calling customer. Line Status Verification often is followed by the caller’s request for Busy Line Interrupt described below.

35. Busy Line Interrupt[32]- This service is provided upon request, generally after Line Status Verification service (described above) is provided. If there was conversation on the line that was checked per the procedures outlined above, the caller may request that the operator interrupt that conversation. The caller is again placed on “hold.” The operator can then interrupt the conversation in progress. At that time the operator can hear what is being said and the parties on the busy line will also be able to hear the operator. An alerting tone will sound to alert the parties that the operator has accessed the line. Using the calling party name, the operator will advise of the request that the line be interrupted and ask if the line will be released. The operator will report to the calling party and, if approved by the called party, complete the call.[33]

36. Direct Access to SWBT’s DA Database[34] - Attachment 18: DLI, Section 1.5 in the K2A and O2A, allows CLEC operators to obtain nondiscriminatory access to SWBT’s DA listing information in SWBT’s DA database, on a query-by-query basis, in the same format as is available to SWBT DA operators.[35] SWBT upgraded its DA databases to allow direct access to third parties, including CLECs, in Kansas and Oklahoma and its other in-region states. These upgrades cost SWBT approximately $2 million. Extensive acceptance testing with SWBT’s vendor has been conducted and the tests indicate that the feature performs properly. However, no CLEC or third party has requested direct access and only one CLEC in SWBT’s five-state area has inquired about Direct Access to SWBT’s DA database. Direct Access connections and pricing are on an individual case basis and implemented upon completion of an effective agreement. Upon receipt of an order from a CLEC for Direct Access, SWBT will work with the CLEC to activate this service, based on the CLEC’s specifications. For more information about the options available for Direct Access to SWBT’s DA database, see the “Pricing and Billing of OS and DA Services” section of my affidavit.

37. DA Listings in Bulk – SWBT enables CLECs to purchase SWBT’s DA listings to use in their own database for the provision of DA services to their local exchange customers.[36] Consistent with the FCC’s rule that any telephone customer should be able to access any listed number of any carrier on a nondiscriminatory basis,[37] SWBT offers an agreement whereby the parties exchange DA listing information so that both carriers will have complete and accurate DA listing databases.[38] A CLEC receives SWBT’s DA information on a statewide, NPA/NXX, geographic area (corresponding to SWBT’s White Page directories) or class of service basis (business or residence or both) with daily updates. Since SWBT updates its own DA database daily, CLECs also are offered daily updates that are provided in the same format as the initial transfer of DA listings provided to the CLEC. Currently, SWBT provides residence, business or a combination of residence and business DA listings on magnetic tape or through electronic transmission via File Transfer Protocol (“FTP”) or Network Data Mover (“NDM”), per CLEC request.

38. DA information is defined as customer name, address and published telephone number, or an indication of “non-published” status, and is priced on a per-listing basis. SWBT provides DA listings in bulk to CLECs under the terms of Appendix DAL, Attachment 18 of the K2A and O2A. Currently two CLECs in Kansas and two in Oklahoma are purchasing SWBT’s DA listings. In addition to providing DA listings in bulk format to CLECs, SWBT licenses DA listing data to any requesting telecommunications carrier for the provision of voice DA services. In compliance with the FCC rules,[39] SWBT provides all the listings in SWBT’s DA database to such carriers regardless of the identity of the end user’s underlying local exchange provider.

PRICING AND BILLING OF OS AND DA SERVICES

39. Resale CLECs are billed SWBT’s retail rates minus the appropriate avoided cost resale discount.[40]

40. Facilities-based CLECs that utilize nondiscriminatory access to OS and DA services are billed the contract rate for each OS or DA call or adjunct wholesale service handled by SWBT.[41] Since customized routing is available throughout SWBT’s serving area, effective February 17, 2000, OS and DA are in Kansas and Oklahoma are competitive services, and are not required to be provided as unbundled network elements. Therefore, under the K2A and O2A offer OS, DA and DAL are made available at market-based prices. However, SWBT will continue to honor the terms, conditions, and prices of current Kansas or Oklahoma interconnection agreements.

41. Switch-based CLECs connect to SWBT’s operator switch via direct trunking and are billed:

• On an operator work-second basis for operator-assisted calls;

• On a completed-call basis for fully automated calls.

42. SWBT’s ability to properly bill switch-based CLECs for OS and DA services is well established over many years of providing these wholesale services and correctly billing independent telephone companies. Switch-based CLECs are billed using the same billing process that SWBT uses with its ILEC customers.

43. While the provisioning of OS and DA services is inherent in the functionality of SWBT’s unbundled switch port, SWBT had to develop billing for OS and DA services provided with unbundled local switching. Billing capabilities are still being completed. Pending implementation and verification of nondiscriminatory billing capabilities, SWBT is not currently assessing charges for OS and DA services provided with unbundled switching.

44. SWBT developed and deployed Call Branding and Call Rate/Reference so that each CLEC can disclose its name and provide a quote of rates upon the consumer’s request, when SWBT provides OS and/or DA services on behalf of the CLEC. SWBT’s prices for Call Branding and Call Rate/Reference service in current interconnection agreements are cost-based.[42] New market-based rates are being offered as new contracts are negotiated. Currently, 11 facilities-based CLECs and 6 resale CLECs in Kansas and 6 facilities-base and 11 resale CLECs in Oklahoma have purchased Call Rating with OS and/or DA Services from SWBT. (See Attachment A.)

45. Directory Assistance Listings are offered under the K2A and O2A at market-based rates, which are the same as the rates available to interexchange carriers and non-carrier DA providers, as well as the rate SWBT imputes to itself consistent with the FCC’s US West Forbearance order on national directory assistance.[43]

46. Direct Access to SWBT’s DA database is priced on an individual case basis, since the technical configuration for this offering would be implemented to accommodate each CLEC customer. While no CLEC has requested Direct Access to SWBT’s DA database, the option is generally available from host switches via a CLEC Nortel DMS200 TOPS Host Switch, a LUCENT 5ESS OSPS switch or any other Operator assistance switch type with Call Processing Data Link (“CDPL”).

47. Additional information about SWBT’s OS and DA services are included in the Ancillary Services section of the CLEC Handbook website ().

PERFORMANCE MEASUREMENTS FOR OS AND DA SERVICES

48. SWBT provides CLEC end users nondiscriminatory access to OS and DA Services through the same dialing arrangements SWBT uses for its own customers.[44] As a result, there is no unreasonable dialing delay, as required by §251(b)(3) FCC’s rules issued in CC Docket 96-98.[45] SWBT ensures nondiscriminatory access to OS and DA by processing all calls in the order they are received from all end-users accessing OS or DA (i.e. first in, first served).[46] When a SWBT operator switch receives electronic notification that an OS or DA call has arrived on a trunk carrying such traffic, it searches for an idle operator position and, as quickly as one is available, connects the call to the position that has been idle the longest. If no operator is available, the call is time stamped and placed in the “calls waiting” queue. When an operator position becomes available, the operator switch searches the calls waiting queue and connects the oldest call to the idle position. Since the operator switch and the calls waiting queue cannot discern any difference among callers -- handling every call as first in, first served -- end user customers of other carriers inherently receive exactly the same answer performance that SWBT end-users receive.

49. Performance Measurements for OS and DA include the following and are described in more detail in the affidavit of William R. Dysart.

• Directory Assistance Grade of Service

• Directory Assistance Average Speed Of Answer

• Operator Services Grade of Service

• Operator Services Speed of Answer

• Percentage of DA Calls Abandoned

• Percentage of DA Calls Deflected

• Average Work Time

• Non-Call Busy Work Volumes

50. Performance Measurements specifically associated with CLEC listings in SWBT’s DA database are:

• Percentage of Updates Completed into the DA Database within 72 Hours for Facility Based CLECs

• Average Update Interval for DA Database for Facility-Based CLECs

• Percentage DA Database Accuracy for Manual Updates

• Percentage of Electronic Updates that Flow Through the DSR process Without Manual Intervention

WHITE PAGE LISTINGS FOR CLECS’ END USER CUSTOMERS

51. In accordance with § 271(c)(2)(B)(viii) of the Act, SWBT provides “[w]hite pages directory listings for customers of the other carrier's telephone exchange service,” [47] by ensuring that its directory publishing affiliate publishes the primary listing of the CLEC’s customer located within the geographic scope of SWBT’s White Page (WP) directories in the same manner as SWBT’s listings appear in the WP directory. [48]

52. CLECs’, SWBT’s and independent telephone companies’ listings in SWBT’s WP directories all include the subscriber’s name, address and telephone number. CLECs that wish to have their end users listed in SWBT’s DA database but not published in the WP directories also have access to that service for their end users.

53. A primary WP listing for each end user is furnished to a CLEC providing resale services in the same manner (including size, font, and typeface) as SWBT provides the listing to its own retail customers. In addition, carriers who provide local exchange service through the purchase of unbundled local switching, or some combination of unbundled network elements and their facilities, or solely through their own facilities, can include their customers’ primary listings in SWBT’s WP directories in the same typeface and type size. Facilities-based CLECs may choose either to have their end-user listings interspersed alphabetically with SWBT’s and other carriers’ end-user listings or to have a separate section following the main section of WP listings. The listing information pertaining to SWBT’s resold lines is included alphabetically with SWBT end user listings. In Kansas and Oklahoma, SWBT directories contain a combined total of over 181,213 listings of CLEC end user customers.

54. CLECs may request Primary, Additional, Enhanced and Foreign listings under the terms and conditions contained in the CLECs’ respective interconnection agreements. A Primary listing is associated with the end-user subscribing to the local telephone service. An Additional or Enhanced listing is one that which pertains to, or is associated with, the Primary listing. A Foreign listing is one in which the telephone number of the end-user is not located within the local geographic scope of the WP directory. Each of these types of WP listings contains a name, address and telephone number. Primary listings of CLECs’ end user customers are included in SWBT’s WP directories at no charge. Additional, Enhanced and Foreign listings are provided to CLECs for their end users at the same tariffed rate as SWBT’s retail end user customers.

55. SWBT determines whether a listing is a Primary or a Foreign Listing based on the geographic scope of the directory. Geographic scope is in turn based on the SWBT serving exchanges that are in the local calling area. As an example, the telephone number prefix of 422 (Bonner Springs, Kansas) in the 913 area code is included in the Kansas City WP directory. All published end-user listings with the 422 prefix (i.e., 422-XXXX) will appear in the Kansas City WP directory, along with listings for other serving exchanges which are geographically included in the Kansas City WP directory. When a CLEC’s local calling scope differs from the geographic scope for a particular SWBT WP directory, and the CLEC wants to include its listings in a directory outside the scope of the local directory, the CLEC may list such end-user listing information in SWBT’s WP directory on a Foreign Listing basis.

56. SWBT also makes available to requesting CLECs for their end-users, enhanced WP residential listing services, such as Signature Listings, Lines of Distinction, and Personality Logos. Signature Listings are distinctive listings associated with a residence listing and can either be contemporary bold or script. Lines of Distinction permit a residential end user to add a customized, extra line of information to a Primary or Additional listing to further describe the listed party. Personality Logo allows the residential end user to add a logo (selected from choices provided by SWBT) to a Primary or Additional listing and to enclose that listing in a box frame. These enhanced residential listings are made available to requesting CLECs pursuant to the terms and conditions contained in the CLEC’s interconnection agreement and are billed at SWBT’s retail rate.[49]

57. In addition to providing nondiscriminatory access to WP listings for customers of CLECs in Kansas and Oklahoma, SWBT has arranged for the distribution of SWBT WP directories to CLECs’ end users during the annual initial distribution of newly published directories. SWBT also arranged to provide WP directories, in bulk, to facilities-based CLECs for distribution to their new end-user customers throughout the year following the initial distribution of newly published WP directories. End-user customers served by resale CLECs receive SWBT WP directories in the same manner and timeframe as SWBT retail customers. SWBT will arrange to include, at a CLEC’s request, CLEC-specific customer-contact information (i.e., CLEC logo, business office, residence office, repair bureau telephone numbers, etc.) in SWBT’s WP directory on an “index-type” informational page at no additional charge to the CLEC. This space, sized at 1/8th of a page per CLEC, is available at the CLEC’s option by providing SWBT with its logo and information in the form of camera-ready copy at least sixty days prior to specific directory close dates.

58. In those SWBT WP directories in which SWBT includes Spanish Customer Guide Pages, the CLECs listing on the informational page will also be provided in Spanish at the CLEC’s request, not to exceed 1/8th of a page. The informational index pages from the Topeka and Vicinity, Wichita and Vicinity, Greater Kansas City, Kansas and Lawton Region, Greater Tulsa, Oklahoma City Area, Oklahoma WP directories are attached as Attachment B to my affidavit.

59. In addition to the 1/8th page space that is provided without charge in WP directory informational pages, CLECs may purchase full “Informational Page(s)” in the informational section of the WP directory covering a geographic area. Such page(s) are no different in style, size, color and format than SWBT “Informational Pages.” CLEC Informational Pages will be included if provided in the form of camera-ready copy sixty (60) days prior to the directory close date. Examples are included with my affidavit as Attachment B.

60. SWBT provides CLECs with instructions for proper formatting of WP listings by offering workshops on how to complete the industry-standard Local Service Request (“LSR”) and Directory Service Request (“DSR”) forms and a two-day class on how to properly format directory listings. SWBT’s listing workshop covers the information in the Directory Matters Reference Guide, which is also posted on SWBT’s CLEC Handbook website (). The affidavits of Rebecca Sparks and Elizabeth Ham describe the SWBT coursework available to CLECs.

61. Other information regarding SWBT WP listings and WP directories, including directory close dates, are available to CLECs in the Ancillary Services portion of the CLEC Handbook, under Section 3 – White Page Listings.

NONDISCRIMINATORY TREATMENT OF CLEC WHITE PAGE LISTINGS

62. SWBT treats CLEC end user WP listings in the same manner as the listings of its own retail end user customers.[50] SWBT’s WP database contains names, addresses, telephone numbers, directory listing format and directory delivery information for SWBT and CLEC end users alike. SWBT’s WP database updates SWBT’s DA database each night and treats all listings in the same manner, regardless of the underlying local exchange carrier. White Page directory listings for CLEC end users served via resold service reach SWBT’s WP database in the same manner and same time frame as SWBT’s retail end users. Listings of end users served via unbundled local switching reach the SWBT database through the LSR process that is used for ordering and provisioning unbundled network elements.

63. Like retail and resale WP listings, the listings of UNE-based CLECs are updated into SWBT’s WP database each night and the WP database subsequently updates the DA database. UNE-based CLECs can submit their end-user listing information via SWBT’s Local Service Center or via an electronic operations support system (i.e., EASE or SORD for Resale transactions, SORD or LEX for Resale or UNE transactions).

64. Listings from switch-based providers have traditionally been faxed to SWBT’s White Page directory composers. However, switch-based CLECs have the option to electronically submit the Directory Service Request forms when they send the LSR for Local Number Portability (“LNP”). If the CLEC wishes the existing end-user listing(s) and directory delivery information to remain the same as they currently appear in SWBT's WP listing database, no DSR form is required.

65. Upon request from a CLEC, SWBT also will transmit the CLEC’s end user WP listing information to designated third party directory publishers (e.g., Yellow Pages) pursuant to the terms and conditions contained in the White Pages Appendix agreed to by the Parties.[51]

LISTING VERIFICATION CAPABILITIES

66. SWBT offers two annual electronic WP listing verification options for any CLEC, either of which are available 60 days prior to a specific directory close date.[52] In addition, a daily electronic report capability enables CLECs, whether resale, UNE-based or switch-based, to verify listing data input the previous day. SWBT developed these verification reports specifically for CLEC customers. SWBT’s Advanced Listing Products Services System/Listing Information Real-time Access (“ALPSS/LIRA”) directory listing system enables SWBT to offer electronic annual verification lists and daily reports that consist of CLECs’ end user listings, by Operating Company Number (“OCN”). Annual lists can be provided sixty (60) days prior to the business office close date for a particular directory.

• Each daily verification report reflects CLEC subscriber directory listings input the previous workday.

• CLECs can also access daily reports for the previous 30 days.

• Reports and lists include listing information and directory delivery information for each CLEC end-user listing.

• In addition, SWBT offers annual electronic directory listing verification lists in CD-ROM format. The CD-ROM “galley page” format shows how all listings will appear and includes all end-user directory listings up to that point in time that will appear in an upcoming SWBT WP directory. The galley pages on the CD-ROM are presented in PDF file format by directory book name. While this file format requires a CLEC to have the Acrobat® Reader software to view the files, the software is available at no cost from Adobe Systems Inc. It may be downloaded at Adobe’s Web site at . Bulk additions, deletions or modifications to CLEC listings resulting from annual verifications are accepted up to 30 days prior to the close date for a specific directory. Individual listing updates are accepted through the directory close date for CLEC and SWBT end user listings alike.

67. These electronic reports allow CLECs to verify their end-users’ listings for specific WP directories and to correct the listing information quickly. Details of the ALPSS-LIRA offering are in SWBT Accessible Letters CLECK99-048, CLECK99-005 for Kansas, CLECO99-035 for Oklahoma and a reminder of the availability of ALPSS/LIRA in CLEC99-140 for all SWBT states. Information is also included in Section 2.5.1 of Appendix 19: White Pages-Other in the Kansas and Oklahoma 271 Agreement.

68. A CLEC correcting an end-user’s listing uses that CLEC’s normal service order process. This allows all SWBT downstream databases to be updated with correcting information and maintain accurate records for the CLEC’s customers. Any necessary additions, deletions or modifications to CLEC listings discovered by a CLEC should be submitted to SWBT as soon as possible, and no less than 30 days prior to the close date for the directory in which that end user listing will appear.

69. The FCC stated that “Based on the evidence in the record, we find that SWBT satisfies the requirements of checklist item 8.”[53]

LINE INFORMATION DATABASE (LIDB), CALLING NAME (CNAM) DELIVERY AND UNBUNDLED ACCESS TO THE LIDB SERVICE MANAGMENT SYSTEM (LVAS)

70. Section 271(c)(2)(B)(x) of the Act requires that SWBT provide nondiscriminatory access to databases and associated signaling necessary for call routing and completion. The FCC’s rules interpreted this requirement to include nondiscriminatory access to call-related databases.[54] As described below, SWBT meets the requirements of the ACT by providing CLECs nondiscriminatory unbundled access to SWBT’s Line Information Database (“LIDB”), Calling Name delivery (“CNAM”) and SWBT’s LIDB Service Management System, known as the “Line Validation Administrative System” (“LVAS”).[55] Other call-related databases and associated signaling systems, including SS7, AIN, and the 800 database, are addressed in the affidavit of William Deere.

LIDB

71. Access to SWBT’s LIDB Validation Service is offered via SWBT’s generic Appendix LIDB-V and Appendix UNE of the K2A and O2A.[56] LIDB is a database on which local exchange service providers store information about their end users’ accounts. LIDB enables other carriers to validate whether the local provider will bill its end user on behalf of the carrier for alternately billed calls (i.e. collect, third number and calling card).

72. SWBT’s LIDB is connected to an adjunct fraud monitoring system, called Sleuth. Using Sleuth, SWBT monitors CLECs’ end user LIDB accounts for fraud in the same manner, using the same criteria, which SWBT uses for its own end user accounts. If the possibility of fraud is detected on a CLEC account, SWBT personnel contact the CLEC so the CLEC may take whatever action it deems necessary to protect its end users from fraudulent activity.[57]

73. The unbundled access SWBT provides to CLECs for queries to its LIDB allows CLECs nondiscriminatory call-completion capabilities, as well as nondiscriminatory capabilities for entering and storing their own end-user customer information. As required by the FCC, “[q]uery and response access to [the LIDB] is intended to require the incumbent LEC only to provide access to its [LIDB] as is necessary to permit a competing provider’s switch (including the use of unbundled switching) to access the call-related database functions supported by [the LIDB].”[58] CLECs have such access at parity with SWBT. Resellers of SWBT’s retail telecommunications services have precisely the same LIDB access as SWBT provides its own retail customers. Carriers using SWBT’s unbundled local switching, including carriers using unbundled loops and switch ports, obtain access to SWBT’s signaling network as part of the switching UNE.[59] Thus, these UNE-based CLECs also may query SWBT’s LIDB via SWBT’s switch and signaling network in exactly the same manner, and over the same facilities, as SWBT. Finally, carriers that have their own local switching facilities also may query SWBT’s LIDB using the same facilities and in the same manner as SWBT, if they interconnect with SWBT’s SS7 signaling network. See Deere Affidavit ¶¶ 215-222 for a discussion of access to SS7.

74. When an end user migrates from SWBT’s retail service to CLEC service provided via resale, unbundled network elements or switch-based local interconnection, SWBT retains the end users’ LIDB record intact, enabling updates with CLEC information without re-creation of the end user’s account information.

CNAM

75. In addition, SWBT’s LIDB delivers calling name information to carriers for their Caller ID services. Calling Name Delivery (“CNAM”) enables the terminating end user to view the calling party’s name with the telephone number before the call is answered. The calling party’s name is retrieved from LIDB and delivered to the terminating end user on Caller ID customer premises equipment.

76. SWBT provides all requesting CLECs nondiscriminatory access to its CNAM services.[60] When a CLEC operates its own switching center, access to CNAM information is obtained via SS7 Interconnection Service. The CLEC accesses the Signaling Control Point through the Signaling Transfer Point in the same manner as SWBT. The same features, functions, and capabilities are available to the CLEC.[61] CLECs have the ability to administer their CNAM information in the same manner that SWBT administers its own data. When a CLEC provides end user services via SWBT’s resold telecommunications services, data administration of the CLEC’s customer records is identical to SWBT’s administration of SWBT’s retail customer records. When a facilities-based CLEC provides end user services through UNE or switch-based local interconnection, that CLEC has access to the same data administration interfaces that SWBT uses. This arrangement is described in more detail in the following section.

77. SWBT’s obligation under Section 271(c)(2)(B)(x) is to provide the same nondiscriminatory access to the call-related databases and associated signaling as it provides itself. CNAM query responses deliver calling name information in conjunction with the calling parties’ telephone number as part of Caller ID service. The information contained in the CNAM database is available to CLEC end office switches, on a query-by-query basis together with the associated signaling, just as that information is available to SWBT’s end office switches.

LVAS

78. The FCC also required that incumbent LECs afford other telecommunications carriers access to LIDB service management systems “in the same manner and method that they provide for their own access,” so that the other carriers can “write or populate their own information in call-related databases.”[62] Where an incumbent LEC uses an electronic interface to enter its own information into the LIDB, the incumbent must provide requesting carriers “an equivalent interface.” [63] Once the incumbent makes such an equivalent interface available, however, it is the requesting carrier’s responsibility “to create and submit” the information into the LIDB.[64] The CLEC must have the opportunity to “input data itself” in the same manner as the incumbent LEC. Again, SWBT provides the requisite equivalent access, by providing unbundled access to its LIDB service management system, LVAS.

79. Both SWBT and CLECs access SWBT’s LIDB via LVAS to store their end user account information.[65] While LIDB is the place where data resides and is queried, LVAS is the place where the data contained in LIDB is “created, modified or updated” for both CLECs and SWBT [66] SWBT accesses LVAS via two electronic interfaces:

80. The information gathered by SWBT's Billing Validation Distribution System (“BVDS”)[67] from a SWBT retail or resale order[68] is transmitted to LVAS on a bulk basis via an electronic Service Order Entry Interface. LVAS then overlays the LIDB record with an update that includes the changed information.

81. SWBT also is able to electronically access LVAS for the purpose of updating LIDB on a transaction-by-transaction basis, through terminals at SWBT’s LIDB Database Administration Center (“DBAC”).

82. To put their customer information in SWBT’s LIDB, SWBT provides facilities-based CLECs (including UNE-based providers) with access to LVAS through the same two electronic interfaces described above. SWBT provides CLECs with an application-to-application Service Order Interface that allows CLECs to send LIDB information on a bulk basis directly from their own back-office systems through the SWBT Remote Access Facility, to LVAS.[69] This interface is the same as the SWBT Service Order Entry Interface described above. SWBT also provides CLECs with access to a second interface, the Interactive Interface, which provides dial-up LVAS access using a graphical interface that is equivalent to the interface used by SWBT DBAC personnel, and allows CLEC representatives to perform exactly the same data administration tasks as SWBT personnel.[70] This interface is the same as the second SWBT interface described above. Carriers requesting access to these interfaces are provided instructions to format and enter the information into LVAS, which in turn feeds LIDB. In addition, SWBT provides the “Guide to Tenant Access,” a handbook which shows field values and contains instructions on how to connect to LVAS. SWBT also provides personnel to assist CLEC representatives with accessing and entering CLEC records into LVAS.

83. The Service Order Entry Interface provides CLECs precisely the “equivalent interface” required by the FCC.[71] Just as SWBT sends LIDB information directly from its proprietary BVDS data-gatherer to LVAS, the CLEC can send LIDB information directly from its proprietary data-gatherer to LVAS. All a CLEC needs to do to populate its LIDB record electronically is to configure its own systems to send the appropriate customer and billing information to LVAS, just as SWBT has configured its systems to do this.

ADDITIONAL LIDB FUNCTIONALITY

84. The access provided by SWBT to both LIDB (for call completion purposes) and LVAS (for the creation, update, and modification of LIDB records) fully satisfies the requirements of the Act and the relevant FCC orders. In addition, effective with the January 2000 release, SWBT implemented additional functionality that enables the LIDB database to be populated based on information provided by CLEC through the initial LSR establishing a new connect or migration of CLEC's end user customer.[72]

85. SWBT is working within the Change Management Process to mechanize its on-going LIDB administration offering, referred to as LIDB Phase 2. Deployment of LIDB Phase 2 is scheduled for completion by end-of-the-year 2000. Concurrent with implementation of the LIDB record population functionality referenced above, SWBT provides CLECs with the option of either: 1) utilizing unbundled access to LVAS through the interfaces described above for the purpose of creating, modifying, updating or deleting its LIDB information; or 2) electing to have SWBT provide ongoing administration of LIDB updates.[73] SWBT is continuing to conduct Change Management meetings designed to confirm the functionality and timing of deployment of these new functionalities.

86. SWBT complies with the FCC's stated requirement for non-discriminatory access to SWBT's LIDB service management system (LVAS) allowing facilities-based CLECs to “create, update or modify” information in LIDB at parity with SWBT. In addition, SWBT also has now arranged to provide this population functionality for UNE-P providers through the LSR process and the efforts were recognized in the Texas Order.[74]

CONCLUSION

87. SWBT provides nondiscriminatory access to OS and DA services and its DA listings pursuant to § 251(b)(3) of the Act. SWBT offers ILECs and CLECs access to OS and DA services in the same manner as it does to its own end users. In the event a CLEC chooses to provide its own DA services, SWBT negotiates a mutual licensing agreement for exchange of DA listings. SWBT also provides unbundled direct access to its DA database pursuant to § 251(c)(3) of the Act. On a resale basis, SWBT is providing CLECs with nondiscriminatory access to SWBT OS and DA services, including call branding, in the same manner that SWBT provides these services at retail to its own subscribers. The FCC has already recognized SWBT’s compliance in Texas to § 251(b)(3)[75] and § 271 (c)(2)(B), item (vii)(II) and (III) in the Texas 271 Order.[76] The processes, procedures and systems are the same in Kansas and Oklahoma as those used in Texas. Therefore, Kansas and Oklahoma provide compliance with § 251(b)(3)[77] and § 271 (c)(2)(B), item (vii)(II) and (III) of the Act.

88. SWBT provides WP listings to all CLECs in a nondiscriminatory manner in Kansas, Oklahoma and the rest of its five-state area. SWBT treats CLEC listings in the same manner as it does its own retail customer listings and CLECs’ listings look identical to and can be interfiled with SWBT listings in Kansas and Oklahoma WP directories. CLECs are also offered the same enhanced WP listings that are available to SWBT’s retail customers. Over and above what SWBT provides to its own retail organization, SWBT also provides competing carriers with a nondiscriminatory opportunity to verify and correct their listings prior to publication of SWBT WP directories. In addition, SWBT offers CLECs the opportunity to include customer contact information free of charge in the informational section of White Page directories and offers full pages in the informational section at cost-based rates. Therefore, SWBT in Kansas and Oklahoma has meet the obligations and requirements of § 251(b)(3) and § 271 (c)(2)(B), item (viii).[78]

89. SWBT provides nondiscriminatory access to its LIDB for both query responses (including Calling Name for Caller ID services) and data storage via its service management system, LVAS. In addition, SWBT is going beyond the requirements of the Act to provide enhancements to LVAS, enabling LIDB records to be populated from information on the ordering forms for unbundled loop and switch ports. The FCC was satisfied that SWBT in Texas met the requirements of § 271 (c)(2)(B), item (x) with relation to LIDB/CNAM in the Texas Order ¶¶ 362-368. SWBT uses the same LIDB/CNAM databases to provide nondiscriminatory access to call related databases and signaling in Kansas and Oklahoma as Texas and therefore meets its obligations under the Act.

This concludes my affidavit.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Executed on , 2000.

____________________________________

Jan D. Rogers

Director-Regulatory – Operator Services

STATE OF TEXAS

CITY OF DALLAS

Subscribed and sworn to before me

this ___ day of ______________, 2000.

Notary Public

My commission expires:

-----------------------

[1] § 251(b)(3), Communications Act of 1934 as amended by the Telecommunications Act of 1996.

[2] In the Kansas and Oklahoma 271 Interconnection Agreements (K2A/O2A respectively) Attachment 23: OS-Facilities-Based (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[3] See K2A/O2A Attachment 22: DA-Facilities-Based.

[4] See K2A/O2A Attachment 18: Mutual Exchange of Directory Listing Information.

[5] See K2A/O2A Attachment 19: White Pages-Other (WP-O).

[6] See K2A/O2A Attachment 6: Unbundled Network Elements, § 9.

[7] See Memorandum Opinion and Order, Application by SBC Communications, Inc., Southwestern Bell Telephone Company, and Southwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long Distance Pursuant to Section 271 of the Telecommunications Act of 1996 to Provide In-Region, InterLATA Services in Texas, CC Docket No. 00-65, FCC 00-238 (rel. June 30, 2000) (“Texas Order”).

[8] Id. ¶ 355.

[9] Id. ¶¶ 189, 364.

[10] Id. ¶ 349.

[11] Id. ¶¶ 347, 349.

[12] Third Report and Order and Fourth Further Notice of Proposed Rulemaking Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, 15 FCC Rcd 3696, 3891-92, ¶¶ 441-442 (1999) (“UNE Remand Order”).

[13]Second Report and Order and Memorandum Opinion and Order, Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Interconnection Between Local Exchange Carriers and Mobile Radio Services Providers, 11 FCC Rcd 19392, 19567-19580 (Appendix B) (1996) (“Second Report and Order”).

[14] Texas Order ¶ 348; UNE Remand Order, 15 FCC Rcd at 3906, ¶ 473: “Under these circumstances [where a checklist item is no longer unbundled], it would be counterproductive to mandate that the incumbent offers the element at forward-looking prices. Rather, the market price should prevail, as opposed to a regulated rate.”

[15] Texas Order ¶ 348.

[16] UNE Remand Order,15 FCC Rcd at 3890-3904, ¶¶ 438-464.

[17] Each CLEC has the option to “customize route” OS or DA calls to a platform designated by a CLEC (thus OS/DA services and DA listings are no longer deemed to be unbundled network elements). When a CLEC using SWBT resold telecommunications services or unbundled local switching orders customized routing in an end office, the CLEC must decide which OS/DA provider it wants to route its end users’ OS/DA calls. If a CLEC elects to customize route its end users’ OS/DA calls to itself or a third party provider, then all respective calls from the CLEC’s end users in that end office generally are routed to that provider. However, if the CLEC wishes SWBT to handle a specific portion of its OS/DA traffic (i.e. 411, but not 555-1212 local DA calls), SWBT will negotiate appropriate contract provisions.

[18] See K2A/O2A Attachment 22: DA-Facilities-Based, Attachment 23: OS-Facilities- Based (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[19] 47 C.F.R. § 51.217 (d); K2A/O2A Appendix DA-Resale, Appendix OS-Resale; K2A/O2A Attachment 22: DA-Facilities-Based, Attachment 23: OS-Facilities-Based.

[20] 47 C.F.R. § 51.217 (c)(3)(iv); K2A/O2A Appendix DA-Resale, Appendix OS-Resale; K2A/O2A Attachment 22: DA-Facilities-Based, Attachment 23: OS-Facilities-Based.

[21] See K2A/O2A Appendix DA-Resale, Appendix OS-Resale; see K2A/O2A Attachment 22: DA Facilities-Based, Attachment 23: OS-Facilities-Based.

[22] 47 C.F.R. § 51.217 (c)(3).

[23] SWBT is accessing its own information storage facility for this incidental interLATA service as required by § 271(g)(4) of the Act.

[24] 47 C.F.R. § 51.217 (c)(2).

[25] Texas Order ¶ 351.

[26] See, e.g., K2A/O2A Attachment 11: ITR, § 2.6 (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[27] See K2A/O2A Attachment 22: DA-Facilities-Based (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[28] See K2A/O2A Appendix DA-Resale, § 5.2. See also K2A/O2A Attachment 22: DA-Facilities-Based, Attachment 23: OS-Facilities-Based.

[29] See K2A/O2A Appendix: Interconnection Trunking Requirements (ITR), § 2.6.1-2.6.2.

[30] Second Report and Order, 11 FCC Rcd at 19449, ¶ 111.

[31] See K2A/O2A Attachment 23: OS-Facilities-Based, § 3.0.

[32] See K2A/O2A Attachment 23: OS-Facilities-Based, § 3.0.

[33] Id.

[34] This method is described in the FCC’s Second Report and Order, 11 FCC Rcd 19461, ¶ 143.

[35] 47 C.F.R. § 51.217(c)(3)(ii).

[36] 47 C.F.R. § 51.217(c)(3)(ii).

[37] 47 C.F.R. § 51.217(c)(3)(i).

[38] See K2A/O2A Attachment 18: DLI, Mutual Exchange of Directory Listing Information.

[39] 47 C.F.R.§51.217( c )(3)(ii); Second Report and Order, 11 FCC Rcd at 19460, ¶ 141; and Memorandum Opinion and Order, Application of BellSouth Corporation, BellSouth Telecommunications, Inc., and BellSouth Long Distance, Inc., for Provision of In-Region, InterLATA Services in Louisiana, 13 FCC Rcd, 20,599, 20,744-20,746, ¶¶ 248-251.

[40] See K2A/O2A Attachment: Resale, § 1.3 (App. B-KS, Tab 1) (App.B-OK, Tab 1).

[41] See K2A/O2A Attachment 22: DA-Facilities-Based, § 7.0; K2A/O2A Attachment 23: OS-Facilities-Based, § 7.0.

[42] See K2A/O2A Appendix DA-Resale, § 5.2; K2A/O2A Attachment 22: DA-Facilities-Based, § 7.2. K2A/O2A Attachment 23: OS-Facilities-Based, § 7.2.

[43] See K2A/O2A Attachment 18: Mutual Exchange of Directory Listing Information; Memorandum Opinion and Order, In the Matter of Petition of U S WEST Communications, Inc. for a Declaratory Ruling Regarding the Provision of National Directory Assistance; Petition of U S WEST Communications, Inc. for Forbearance; The Use of N11 Codes and Other Abbreviated Dialing Arrangements, 14 FCC Rcd 16252 (1999).

[44] 47 C.F.R. § 51.217(c)(2).

[45] 47 C.F.R. § 51.217(b).

[46] 47 C.F.R. § 51.217 (a)(2).

[47] Texas Order ¶¶ 354, 355.

[48] See K2A/O2A Attachment 19: White Pages - Other (WP-O) (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[49] See K2A/O2A Appendix WP § III-B Pricing, SWBT/Gabriel Communications of Kansas, Inc and SWBT/Cox Communication in Oklahoma.

[50] See K2A/O2A Attachment 19: White Pages – Other (WP-O) (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[51] See K2A/O2A Attachment 19: White Pages – Other (WP-O), § 5.2.

[52] See K2A/O2A Attachment 19: White Pages – Other (WP-O), § 2.

[53] Texas Order ¶ 355.

[54] 47 C.F.R. § 52.319(e).

[55] Texas Order ¶ 364.

[56] See K2A/O2A Attachment 6: Unbundled Network Elements – LIDB Validation, § 9.4.2 (App. B-KS, Tab 1) (App. B-OK, Tab 1).

[57] See K2A/O2A Attachment 6: Unbundled Network Elements, § 9.4.6 – Sleuth.

[58] First Report and Order, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996: Interconnection Between Local Exchange Carriers and Commercial Mobile Radio Service Providers, 11 FCC Rcd 15499, 15741 n.1127 (1996) (“Local Competition Order”).

[59] See K2A/O2A Attachment 6: Unbundled Network Elements, § 9.2.1.1.3.

[60] See K2A/O2A Attachment 6: Unbundled Network Elements, § 9.5.

[61] 47 C.F.R. §51.319(e)(2)(iv).

[62] Local Competition Order, 11 FCC Rcd at 15746, ¶¶ 493-494.

[63] Id., 11 FCC Rcd at 15746, ¶ 494.

[64] Id.; see also id., 11 FCC Rcd at 15749, ¶ 499.

[65] SWBT and CLECs also have identical access to the Tape Load Facility, which allows the carriers to create and submit magnetic tapes for data entry into the LIDB. See K2A/O2A Attachment 6: UNE, § 9.4.4.6 – Tape Load Facility Interface.

[66] See Attachment 6: UNE, § 9.4.4.1.8.

[67] BVDS is designed specifically to pull, from appropriate SWBT data sources, the end user customer service information necessary to populate SWBT’s LIDB. These data sources are the service orders created in SWBT’s EASE OSS (and delivered to BVDS through SORD) and SWBT’s Customer Record Information System (“CRIS”) billing database.

[68] Since end user service information on a resale basis is the same as SWBT retail telecommunication service end user information SWBT maintains LIDB records for resellers’ end user customers in the same manner as records for SWBT’s retail end user customers.

[69] See K2A/O2A Attachment 6: UNE, § 9.4.4.4 – Service Order Entry Interface; see Ham Affidavit for more on SWBT’S Remote Access Facility.

[70] See K2A/O2A Attachment 6: UNE, § 9.4.4.5 – Interactive Interface.

[71] Local Competition Order, 11 FCC Rcd at 15746, ¶ 494.

[72] K2A/O2A Attachment 6: UNE, § 9.4.4.3.2.

[73] K2A/O2A Attachment 6: UNE, § 9.4.4.3.3.

[74] Texas Order, ¶¶ 189-190.

[75] Id. ¶ 349.

[76] Id. ¶¶ 345-351.

[77] Id. ¶ 349.

[78] Id. ¶¶ 349, 352-358.

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