"The record makes clear that significant problems remain with Bell Atlantic’s ability to meet necessary performance standards, as well as the company’s provisioning of nondiscriminatory access to interconnection arrangements, unbundled network elements and operations support systems that make such access possible," Frisby said. Frisby, a former chairman of the Maryland Public Service Commission, said these problems need to be resolved before Bell is allowed to compete in long distance because once it enters the market, it will "have no incentive whatsoever to treat new competitors fairly" who are trying to enter the monopoly local market.

Specifically, Frisby will tell the Commission it must:

1. establish effective performance remedies before endorsing Bell Atlantic’s application and that there be financial remedies paid for by the local monopoly; not by its captive customers;
2. guarantee that Bell Atlantic’s operations support systems, which are critical to customers’ ability to switch companies, get services from new competitors on a timely basis and receive accurate bills, on time, must operate as seamlessly as they do in the already competitive long distance market; and
3. not place restrictions or limit access to the full complement of unbundled network elements (UNEs), the piece parts of the local monopoly network, that are critical to new competitors’ ability to deliver and expand availability of advanced, high-speed data services at competitive prices to customers around the state.

The hearing begins at 9 a.m. today in the Legislative Office Building, Room B. Frisby is expected to testify at approximately 1 p.m. Other industry and competitive communications companies, including CompTel member companies RCN, NEXTLINK, and MCI WorldCom. Bell Atlantic is expected to file its application to enter the long distance in New York with the Federal Communications Commission in the next month or so following the New York Commission’s decision whether to endorse its entry plans.