BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C AMENDMENT

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1 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C In the Matter of ) ) SBC Communications Amendment to ) Ameritech s, Pacific Bell s, Nevada Bell s, and ) Southwestern Bell Telephone Company s ) Comparably Efficient Interconnection Plan ) For Electronic and Voice Store and Forward ) Services ) ) AMENDMENT SBC Communications Inc., on behalf of its former Bell Operating Companies (hereinafter SBC ), hereby posts an Amendment to Comparably Efficient Interconnection ( CEI ) Plans of Ameritech, Pacific Bell, Nevada Bell, and Southwestern Bell Telephone Company that SBC consolidated into an expanded CEI Plan for Electronic and Voice Store and Forward Services in an Amendment posted on February 18, 2000 on SBC s website at CEI Plans and Amendments. The purpose of this Amendment is (1) to clarify that the Voice over IP ( VoIP ) service that is part of the relevant SBC CEI Plans, which have been consolidated, is Interconnected VoIP, as defined by the Commission, and to cross-reference past CEI postings and filings that describe network service that is used with SBC s Interconnected VoIP and (2) to further clarify the status of the relationship of wire-line broadband Internet Access service transmission offerings to the SBC CEI Plans that have been consolidated. 1

2 SBC s Interconnected VoIP Service When SBC s CEI Plans (e.g., Videotext and Internet Access CEI Plans) speak of voice over the Internet services, they are referring to SBC s services that meet the Commission s definition of "Interconnected VOIP" in its VoIP E-911 Order. That definition is as follows: "An interconnected Voice over Internet protocol (VoIP) service is a service that: (1) enables real-time, two-way voice communications; (2) requires a broadband connection from the user's location; (3) requires Internet protocol-compatible customer premises equipment (CPE); and (4) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network." IP-Enabled Services; E911 Requirements for IP- Enabled Service Providers, WC Docket No ; WC Docket No , First Report and Order and Notice of Proposed Rulemaking, (FCC ), 20 FCC Rcd 10245, at 47 C.F.R. section 9.3 (2005) ( VoIP E- 911 Order ). To the extent that SBC may offer VoIP services that do not meet the Commission s definition of Interconnected VoIP because, for instance, they do not involve calls that originate on, or terminate to, the PSTN, such services are not subject to CEI requirements, including the posting of CEI plans and amendments. In addition, to the extent that SBC s enhanced services provider offers interconnected VoIP, this provider interconnects to SBC s network to receive calls that originate on the public switched telephone network ( PSTN ) and to terminate calls to the PSTN via the same tariffed services and at the same terms, conditions, and prices that are offered under tariff to all customers, including other providers of Interconnected VoIP. SBC s offerings of CEI pursuant to the Commission s Computer Three Proceedings requirements are limited to the tariffed services used by SBC s enhanced services provider, and these tariffs contain limitations that apply to all users of such tariffs. At such times as SBC s enhanced services provider may plan to use other basic network means of providing Interconnected VoIP 2

3 (i.e., other means of interconnection to SBC s network and the PSTN), SBC will offer CEI to those other means of interconnection. In addition to tariffed services referenced in SBC s consolidated CEI Plans and prior Amendments, SBC has previously posted and filed information concerning tariffed True IP To PSTN ( TIPToP ) and related services. These postings and filings are referenced herein and are relevant to this Amendment to SBC s consolidated CEI plans solely to the extent that they relate to SBC s services used with interconnected VoIP. See SBC s public website at Under CEI Plans-Agreements see: Trial for IP-PSTN, posted 6/3/04; TIPToP Additional Contract Services, posted 10/25/04; and New TIPToP Service, posted 11/22/04. SBC provided Network Disclosure for TIPToP on 10/15/04 (with modification 11/18/04), which can be found on SBC s public website at Network Notification No. SBC S.1. SBC has federal tariffs for TIPToP that were effective November 25, 2004: Ameritech Operating Companies Tariff F.C.C. No. 2; Nevada Bell Telephone Company Tariff F.C.C. No. 1; Pacific Bell Telephone Company Tariff F.C.C. No. 1; Southwestern Bell Telephone Company Tariff F.C.C. No. 73. Compliance with the Commission s CEI requirements is further described in the CEI plans being amended and in previous amendments thereto. 3

4 Status of SBC s Wireline Broadband Internet Access Transmission Offerings decided: In the Commission s Title I Broadband Order, 1 at paragraph 41, the Commission We decline to continue to impose any Computer Inquiry requirements on facilities- based carriers in their provision of wireline broadband Internet access service. Consequently, BOCs are immediately relieved of the separate subsidiary, CEI, and ONA obligations with respect to wireline broadband Internet access services. In addition, subject to a one-year transition period for existing wireline broadband transmission services, all wireline broadband Internet access service providers are no longer subject to the Computer II requirement to separate out the underlying transmission from wireline broadband Internet access service and offer it on a common carrier basis. In footnote 71 to the first sentence of this paragraph 41, the Commission stated, As noted above, our actions in this Order are limited to the transmission component of wireline broadband Internet access service only. See also Paragraph 86. Accordingly, as of the effective date of the Commission s Title I Broadband Order, to the extent that wireline broadband Internet access transmission facilities might have been subject to SBC s CEI Plans, they no longer would be so subject. 2 SBC will of course fully comply with the one- 1 Appropriate Framework for Broadband Access to the Internet over Wireline Facilities Universal Service Obligations of Broadband Providers Review of Regulatory Requirements for Incumbent LEC Broadband Telecommunications Services Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services; 1998 Biennial Regulatory Review Review of Computer III and ONA Safeguards and Requirements Conditional Petition of the Verizon Telephone Companies for Forbearance Under 47 U.S.C. 160(c) with Regard to Broadband Services Provided Via Fiber to the Premises; Petition of the Verizon Telephone Companies for Declaratory Ruling or, Alternatively, for Interim Waiver with Regard to Broadband Services Provided Via Fiber to the Premises Consumer Protection in the Broadband Era; CC Docket No ; CC Docket No ; CC Docket Nos , 98-10; WC Docket No ; WC Docket No ; Report and Order and Notice of Proposed Rulemaking; Released September 23, 2005 ( Title I Broadband Order ). 2 In SBC s expanded CEI Plan for Electronic and Voice Store and Forward Services, per SBC s Amendment posted on February 18, 2000 on SBC s website at CEI Plans and Amendments, SBC provided notice of the then on-going transfer of Advanced Services from the SBC ILECs to Advanced Services Affiliates, in compliance with the Ameritech/SBC Merger Conditions. That Amendment also effectuated the concomitant removal of such services from the CEI plans and amendments. SBC described those 4

5 year transition period requirements that the Commission prescribed in the Title I Broadband Order. Conclusion This Amendment clarifies SBC s consolidated CEI Plan consistent with continued compliance with all of the Commission s requirements. Dated: October 24, 2005 Respectfully Submitted, SBC Communications Inc. By /s/ Jeffrey B. Thomas Jeffrey B. Thomas Adam E. McKinney Jack S. Zinman Gary L. Phillips Paul K. Mancini 1401 I Street, N.W., 11 th Floor Washington, D.C services in its February 18, 2000 Amendment, which included the DSL wireline broadband transmission offerings now subject to the Commission s Title I Broadband Order. 5