Released: September 1, 1999

**PETITION SEEKS A DECLARATORY RULING THAT THE MANNER IN WHICH AT&T
MARKETED AND IMPLEMENTED CERTAIN OF ITS OPTIONAL CALLING PLANS TO
POTENTIAL AND EXISTING CUSTOMERS IN SOUTH CAROLINA VIOLATED SECTIONS
201(B), 202, 203, 254, AND 258 OF THE COMMUNICATIONS ACT OF 1934**

**OPPOSITIONS DUE: September 24, 1999**

As described in more detail below, the Commission received on August 17,
1999 a petition seeking a declaratory ruling that, *inter alia*, the
manner in which AT&T marketed and implemented certain of its optional
calling plans to potential and existing customers in South Carolina
violated sections 201(b), 202, 203, 254(g), and 258 of the
Communications Act of 1934, as amended (Act). The Commission hereby
gives notice that (1) the file number for this declaratory ruling
proceeding is ENF-99-27; (2) this proceeding is \"restricted\" within
the meaning of section 1.1208 of the Commission\'s rules, 47 C.F.R. §
1.1208; (3) the plaintiffs and the defendants in the federal lawsuit
from which this proceeding arises are the only \"parties\" within the
meaning of section 1.1202(d) of the Commission\'s rules, 47 C.F.R. §
1.1202(d); (4) oppositions are due on or before September 24, 1999; and
(5) to the fullest extent possible, the defendants should file a single,
consolidated opposition.

On March 11, 1999, pursuant to the doctrine of primary jurisdiction, the
United States District Court for the District of South Carolina,
Florence Division, issued an order (*Order of Referral*) referring to
the Federal Communications Commission certain matters at issue in *Chris
Bone et al. v. Horry Telephone Cooperative, Inc., AT&T Corp., AT&T
Communications, Inc., AT&T Communications of the Southern States, Inc.,
and West Telemarketing Outbound Corp.*, Civil Action No.: 4:96-3527-22,
and *Brenda Schurman et al. v. Horry Telephone Cooperative, Inc., AT&T
Corp., AT&T Communications, Inc., AT&T Communications of the Southern
States, Inc., and West Telemarketing Outbound Corp.*, Civil Action No.:
4:97-2635-12 (*Federal Court Cases*). In the *Order of Referral*, the
Court held that the *Federal Court Cases* \"are stayed pending the
outcome of FCC referral.\" *Order of Referral* at 4.

On August 17, 1999, pursuant to the *Order of Referral*, the plaintiffs
in the *Federal Court Cases* filed with the Commission a Petition for
Declaratory Rulings on Certain Marketing Practices of AT&T and
Associated Entities with Respect to Optional Calling Plans for Telephone
Long Distance Service, and Matters of Tariff Interpretation (Petition).
In brief, the Petition seeks a declaratory ruling that the manner in
which AT&T marketed and implemented certain of its optional calling
plans to potential and existing customers in South Carolina from 1994
through 1997 violated sections 201(b), 202, 203, 254(g), and 258 of the
Act; the Petition also seeks a declaratory ruling regarding the meaning
and lawfulness of certain AT&T tariff provisions pertaining to the AT&T
optional calling plans at issue.

Although declaratory ruling proceedings are permit-but-disclose
proceedings under the Commission\'s *ex parte* rules, the Common Carrier
Bureau retains the discretion to modify the applicable *ex parte* rules
in a particular proceeding when the public interest so requires. *See*
47 C.F.R. §§ 1.1200(a), 1.1206(a)(3). *See also In the Matter of
Amendment of 47 C.F.R. §§ 1.1200 et seq. Concerning Ex Parte
Presentations in Commission Proceedings*, Report and Order, 12 FCC Rcd
7348 (1997); 62 Fed. Reg. 15852 (Apr. 3, 1997). Because the issues
involved in this proceeding appear to be specific to the parties named
in the federal lawsuit, we find that it is in the public interest to
treat this proceeding as a \"restricted\" proceeding within the meaning
of section 1.1208 of the Commission\'s rules. 47 C.F.R. § 1.1208.
Moreover, we find that the plaintiffs and the defendants in the federal
lawsuit are the only \"parties\" to this proceeding within the meaning
of section 1.1202(d) of the Commission\'s rules. 47 C.F.R. § 1.1202(d).

We are assigning file number ENF-99-27 to this proceeding. In accordance
with their joint request, to which plaintiffs consented, defendants may
file oppositions to the Petition no later than September 24, 1999. We
therefore waive compliance with section 1.45(a) of the Commission\'s
rules, which requires that oppositions to petitions be filed within 10
days of the filing of the original pleading. 47 C.F.R. § 1.45(a). The
oppositions and any other documents filed in this proceeding should
reference the file number ENF-99-27. In light of the complexity of the
issues involved and the length of the initial Petition, we do not impose
any page limitations on the oppositions. Furthermore, we strongly
encourage defendants to file a single, consolidated opposition brief. To
the extent that this is not fully achievable, however, defendants should
file, at a minimum, a consolidated opposition brief addressing all of
the issues on which they have a unified position. If individual
defendants have other issues that they believe they must address
separately, we will permit them to do so.

An original and four copies of the oppositions and any other documents
submitted in this proceeding must be filed in accordance with section
1.51(c) of the Commission\'s rules. 47 C.F.R. § 1.51(c). In addition,
one copy of each pleading must be filed with International Transcription
Services (ITS), the Commission\'s duplicating contractor, at its office
at 1231 20th Street, N.W., Washington, D.C. 20554.

The Petition, any oppositions, and any other documents filed in this
proceeding will be available for the public to view and copy at Federal
Communications Commission, Reference Information Center, 455 12th
Street, S.W.; CY-A257; Washington, D.C. 20554.

For further information, contact Tonya Rutherford at (202) 418-0960.

**- FCC -**