**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) CC Docket No. 99-201

)

Bell Atlantic ) Transmittal No. 1138

Revisions to Tariff F.C.C. No. 1 )

Revisions to Tariff F.C.C. No. 11 )

**ORDER TERMINATING INVESTIGATION**

**Adopted: November 2, 1999 Released: November 10, 1999**

By the Commission:

1\. On May 19, 1999, Bell Atlantic Telephone Companies (Bell Atlantic)
filed Transmittal No. 1138 to revise its tariffs F.C.C. Nos. 1 and 11.
The Transmittal introduced Bell Atlantic's Volume and Term Discount
Plans for its Infospeed DSL Services. MCI WorldCom, Inc., Covad
Communications Company, Network Access Solutions, CoreComm Newco, Inc.,
RCN Telecom Services, Inc., and xDSL Networks, Inc., filed petitions to
reject, or, in the alternative, to suspend and investigate the
transmittal; Sprint Corporation and the Telecommunications Resellers
Association filed petitions to reject the transmittal; and the
Commercial Internet eXchange Association filed a petition to suspend and
investigate the transmittal. On May 28, 1999, Bell Atlantic filed a
reply.

2\. The revised tariff pages submitted under Transmittal No. 1138
contained the following language:

The telecommunications services offered under the VTDP are provided at
wholesale to carriers and non-carriers. The telecommunications services
offered under the VTDP are not services that the Company provides at
retail and, accordingly, are not subject to the rate provisions of
sections 251(c)(4) and 252 (d)(3) of the Communications Act, 47 U.S.C.
251 (c)(4), 252 (d)(3).[^1]

The Common Carrier Bureau found that this language raised a significant
question of lawfulness, and issued a *Partial* *Suspension* *Order*[^2]
suspending the language set forth *supra*, for five months pending
investigation pursuant to section 204 of the Communications Act of 1934,
as amended.[^3] The Bureau noted in the *Partial* *Suspension* *Order*
that the issue of the applicability of resale discounts to advanced
services offered as exchange access services was being considered in the
*Wireline Advanced Services* *Proceeding*,[^4] and that *Partial*
*Suspension* *Order* was not intended to prejudge or resolve any matters
at issue in that rulemaking proceeding.

3\. In a companion order released today in the *Wireline Advanced
Services Proceeding,* we have concluded that an incumbent LEC offering
of DSL services to Internet Service Providers as an input component to
the Internet Service Providers' subsequent high speed Internet service
offerings, is not a retail offering subject to the discount requirements
of Section 251(c)(4).[^5] Since Bell Atlantic's instant proposed service
offering, i.e., a bulk volume and term discounted sale of DSL services
to an Internet Service Provider for the enhancement of the Internet
Service Provider's high speed Internet access offering, clearly meets
the definition above, there is no legal basis for continuing this
investigation. Accordingly, effective today, we are terminating this
investigation.

4\. Accordingly, **IT IS ORDERED** that, pursuant to Sections 201
through 205 of the Communications Act of 1934, as amended, 47 U.S.C.
§§ 201-205, the investigation of Bell Atlantic's Transmittal No.1138,
**IS TERMINATED**.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

[^1]: Bell Atlantic Transmittal No. 1138, Bell Atlantic Tariff F.C.C.
    No. 1, Third Revised Page 918.42, Section 16.8(F)(4)(a); and First
    Revised Page 17-42, Section 17.4.7(A).

[^2]: Bell Atlantic Telephone Companies, Revisions to Tariff F.C.C. Nos.
    1 and 11, Transmittal No. 1138, Partial Suspension Order, CC Docket
    No. 99-201, (rel. June 2, 1999) (*Partial* *Suspension* *Order*), 14
    FCC Rcd 8944 (1999).

[^3]: 47 U.S.C. § 204(a)(1).

[^4]: *See*, *generally*, *Deployment of Wireline Services Offering
    Advanced Telecommunications Capability*, CC Docket No. 98-147, First
    Report and Order and Further Notice of Proposed Rulemaking, FCC
    99-48, (rel. March 31, 1999) 14 FCC Rcd 4761 (1999) (*Wireline
    Advanced Services Proceeding*).

[^5]: *Deployment of Wireline Services Offering Advanced
    Telecommunications Capability*, CC Docket No. 98-147, Second Report
    and Order, FCC 99-331, at para. 24 (rel. November 9, 1999).