**May 9, 2000**

#### DOMESTIC, INTEREXCHANGE CARRIER

#### DETARIFFING ORDER TAKES EFFECT

**COMMON CARRIER BUREAU IMPLEMENTS**

**NINE-MONTH TRANSITION PERIOD**

**COMMENT SOUGHT ON MODIFICATIONS TO**

**TRANSITION PLAN**

**DA 00-1028**

**CC Docket No. 96-61**

###### COMMENTS: May 31, 2000

**REPLY COMMENTS: June 9, 2000**

On May 1, 2000, the Commission's 1996 Order detariffing the interstate,
domestic, interexchange services of nondominant interexchange carriers
(IXCs) became effective.[^1] In this Notice, the Common Carrier Bureau
(1) implements a nine-month transition period ending January 31, 2001,
in the manner specified by the Commission in the *Detariffing Order*,
(2) seeks comment on possible modifications to the requirements for that
transition period, and (3) provides technical guidance for carriers with
respect to implementation of detariffing.

This Notice addresses only the immediate obligations of carriers under
the *Detariffing Order*. During the transition period, the Commission's
Consumer Information Bureau intends to conduct several public forums
aimed at ensuring that consumers are fully informed about their rights
under this new regime.

## **Background**

On October 31, 1996, the Commission released the *Detariffing Order*
directing all nondominant IXCs to "cancel their tariffs for interstate,
domestic, interexchange services on file with the Commission within nine
months of the effective date of the order and not to file any such
tariffs thereafter."[^2] The Order was published in the Federal Register
on November 22, 1996 and was effective on December 22, 1996. A number of
carriers requested reconsideration of the *Detariffing Order*[^3] and
requested review from the Court of Appeals for the District of Columbia
Circuit. On February 13, 1997, the court stayed the *Detariffing Order*
pending judicial review. On reconsideration, the Commission modified its
decision so as to allow (1) tariffing of dial around 1+ services using
the carrier access code, and (2) tariffing of new customer services for
a limited period of 45 days.[^4] On further reconsideration, the
Commission adopted public disclosure requirements regarding the rates,
terms, and conditions governing detariffed services.[^5] On April 28,
2000, the court of appeals upheld the Commission's orders requiring
detariffing for interstate, domestic, interexchange services*.*[^6] On
May 1, 2000, the court lifted the stay, and the rules adopted in this
docket are now in effect.[^7]

The nine-month transition period that the Commission adopted in the
*Detariffing Order* began on December 27, 1996 but was interrupted after
less than two months by the stay. In the *Order on Reconsideration*, the
Commission declined to address any transition issues, and delegated
authority to the Common Carrier Bureau to determine the appropriate
transition period and to address other transition issues when the
detariffing rules became effective.[^8]

## **Transition Requirements**

By this Notice, the Bureau establishes a new transition period beginning
May 1, 2000 and ending January 31, 2001.

Carriers may file new and revised tariffs for mass market interstate,
domestic, interexchange services during the transition period.

Carriers may not file new or revised interstate, domestic, interexchange
tariffs for contract tariff offerings and other long-term service
arrangements.[^9] Pending public comment and further consideration by
the Bureau, this prohibition applies to arrangements that bundle
domestic and international services.

Carriers must cancel, by the end of transition period, the tariff
offerings that are subject to the *Detariffing Order*.

Carriers are allowed to cancel their tariffs for interstate, domestic,
interexchange service at any time during the nine-month period. Tariffs
may be cancelled by replacement, supplement, or expiration. A supplement
is identical to a tariff page but should be designated as a supplement
instead of a numbered page. The contents of the supplement should state:
"Pursuant to the *Detariffing Order,* CC Docket 96-61, 11 FCC Rcd 20730
(1996), this tariff is cancelled in its entirety effective (state date
of cancellation)." Tariff cancellations must be submitted on diskette or
CD-ROM, in Word Perfect 5.1, Microsoft Word 6.0 or Microsoft Word 97
software (see the attached Filing Guide for instructions). Pursuant to
Section 1.1105 of the Commission's rules, tariff filing must be
accompanied by a filing fee, which is currently six hundred thirty
dollars (\$630.00), per tariff filing.

Carriers may cancel the portions of "mixed" services tariffs that are
subject to detariffing by either: (1) canceling the entire tariff and
refiling a new tariff for only those services that remain subject to
tariff filing requirements; or (2) issuing revised tariff pages
canceling the material in tariffs that relate to services subject to
forbearance.

In order to minimize their costs, carriers may cancel several tariffs or
revise several tariffs under one cover letter with the payment of one
filing fee provided that each tariff has the same issuing carrier name
and the issued date is identical for each tariff. In addition,
organizations that file tariffs on behalf of several carriers may
request waiver of applicable filing rules so that they may cancel the
tariffs of several carriers or file revisions to tariffs of several
carriers under one cover letter with the payment of one filing fee.
Waiver of the applicable filing rules for this purpose must be requested
by filing an Application for Special Permission, including the
applicable filing fee, pursuant to sections 61.151, 61.152, and 61.153
of the Commission's rules. 47 C.F.R §§ 61.151, 61.152, 61.153. The
applicable rules to be waived are sections 61.20(b)(1) and 61.21(b) of
the Commission's Rules, 47 C.F.R. §§ 61.20(b)(1), 61.21(b).

### Ongoing Requirements for Detariffed Services

##### Geographic Rate Averaging and Rate Integration

Sections 64.1900(a) and (b) of the Commission's rules require that: "(a)
A nondominant provider of interexchange telecommunications services,
which provides detariffed interstate, domestic, interexchange service,
shall file with the Commission, on an annual basis, a certification that
it is providing such services in compliance with its geographic rate
averaging and rate integration obligations pursuant to section 254(g) of
the Communications Act of 1934, as amended"; and, "(b) The certification
filed pursuant to paragraph (a) of this section shall be signed by an
officer of the company, under oath." 47 C.F.R. §§ 64.1900(a),(b).

Carriers with tariffs currently on file should file this certification
letter (company logo, original and two copies) with the Secretary, FCC,
445 12^th^ Street, S.W., Washington, D.C. 20554, Attention: Competitive
Pricing Division, Common Carrier Bureau. This certification should be
filed initially, at the same time and in a separate package as the
filing that either cancels their domestic, interstate interexchange
service tariff(s) or revises the existing tariff to remove references to
interstate, domestic interexchange services. Carriers who are not
currently providing such services, and therefore do not have tariffs on
file with the Commission, should file this certification letter with the
Commission by the time they begin to offer interstate, domestic
interexchange services to the public. **Carriers are reminded that this
certification filing is an annual requirement.** There is no filing fee
required for the certification letter.

**Public Disclosure**

Section 42.10 (a) of the Commission's rules requires that: "\[a\]
nondominant interexchange carrier shall make available to any member of
the public, in a least one location, during regular business hours,
information concerning its current rates, terms and condition for all of
its detariffed interstate, domestic, interexchange services. Such
information shall be made available in an easy to understand format and
in a timely manner. When responding to an inquiry or complaint from the
public concerning rates, terms and conditions for such services, a
carrier shall specify that such information is available and the manner
in which the public may obtain the information." 47 C.F.R. § 42.10(a).

Section 42.10 (b) of the Commission's rules states that: "a nondominant
IXC that maintains an Internet website shall make such rate and service
information specified in paragraph (a) of this section available on-line
at its Internet website in a timely and easily accessible manner, and
shall update this information regularly. 47 C.F.R. § 42.10(b).

## **Modifications to Transition Plan -- Request for Comment**

In its Petition for Reconsideration, AT&T argued that IXCs should be
permitted to continue tariffing bundled domestic and international
services during the transition period. In the *Order on
Reconsideration*, the Commission delegated resolution of this and other
transition issues to the Bureau.[^10] We therefore seek comment on
whether permissive tariffing should be permitted during all or part of
the nine-month transition period for bundled domestic and international
service offerings. We also seek comment on how quickly the IXCs that
currently have websites should be required to come into full compliance
with the web posting requirement adopted in the *Second Order on
Reconsideration*. Finally, we request comment on whether any other
modifications should be made to the transition plan.

Parties are requested to provide comment on or before May 31, 2000.
Replies will be due on or before June 9, 2000. Parties that wish to meet
to discuss transition procedures and issues are requested to schedule
meetings with the Competitive Pricing Division prior to the close of the
comment period.

This matter shall be treated as a "permit but disclose" proceeding in
accordance with the Commission's *ex parte* rules. *See* 47 C.F.R. §§
1.1200, 1.1206. Persons making oral *ex parte* presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentations and not merely a listing
of the subjects discussed. More than a one or two sentence description
of the views and arguments presented is generally required. *See* 47
C.F.R. § 1.1206(b). Other rules pertaining to oral and written *ex
parte* presentations in permit-but-disclose proceedings are set forth in
section 1.1206(b) of the Commission's rules, 47 C.F.R. § 1.1206(b).

An original and four copies of all comments and reply comments must be
filed with the Commission's Secretary, Magalie Roman Salas, Office of
the Secretary, Federal Communications Commission, 445 --12^th^ Street,
S.W., TW-A325, Washington, D.C. 20554. 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 -- 20^th^
Street, N.W., Washington, D.C. 20036, and one copy with the Chief,
Competitive Pricing Division, 445 12^th^ Street, S.W., T.W. -- A225,
Washington, D.C. 20554.

For additional assistance, contact the Competitive Pricing Division,
(202) 418-1540. In the Consumer Information Bureau, contact Peter
Friedman, (202) 418-1400.

TARIFF FILING GUIDE

TABLE 1\-\-- COMPONENTS TO ASSEMBLE

1.  The Cover Letter -- addressed to Secretary, Federal Communications
    Commission, Washington DC 20554 (International carriers must
    reference the FCC file number that granted the 214 authority).

2.  Tariff (on diskette or CD-ROM in Word Perfect 5.1, Microsoft Word
    6.0 or Microsoft Word 97)

3.  Completed FCC Fee Form 159

4.  Check (to FCC) for Filing Fee (\$630)

TABLE 2\-\-- TARIFF PACKAGES

1\. MELLON BANK PACKAGE

A.  Original Cover Letter

B.  Completed FCC Fee Form 159

C.  Check for Filing Fee

> NOTE: DO NOT SEND A TARIFF WITH THIS PACKAGE.

2\. SECRETARY PACKAGE

A.  Copy of Cover Letter

B.  Tariff (on diskette or CD-ROM in Word Perfect 5.1, Microsoft Word
    6.0 or Microsoft Word 97)

3\. COMMERCIAL CONTRACTOR PACKAGE

A.  Copy of Cover Letter

B.  Tariff (on diskette or CD-ROM in Word Perfect 5.1, Microsoft Word
    6.0 or Microsoft Word 97)

```{=html}
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```
4.  TARIFF AND PRICING ANALYSIS BRANCH PACKAGE\*

```{=html}
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```
A.  Copy of Cover Letter

> B. Tariff (on diskette or CD-ROM in Word Perfect 5.1, Microsoft Word
> 6.0 or Microsoft Word 97)

\*This package should be clearly labeled\-\--Public Reference Copy\-\--

TABLE 3... PACKAGE ADDRESSES

1.  MELLON BANK PACKAGE

***[Hand Delivery:]{.underline}***

Federal Communications Commission

> c/o Mellon Bank

Three Mellon Bank Center

525 William Penn Way

> 27^th^ Floor, Room 153-2713
>
> Pittsburgh, PA 15259-0001
>
> ATTN: Wholesale Lock box

Shift Supervisor

***[Mail Delivery:]{.underline}***

Federal Communications Commission

Tariff Filings

P.O. Box 358150

Pittsburgh, PA 15251-5150

2.  **SECRETARY PACKAGE\* \*\***

> Hand Delivery:

Secretary

Federal Communications Commission

445 12^th^ Street SW., TW-A325

> Washington, DC 20024

Mail Delivery:

Secretary

Federal Communications Commission

445 12^th^ Street SW., TW-A325

Washington, DC 20554

3.  COMMERCIAL CONTRACTOR PACKAGE

> Hand Delivery:

Commercial Contractor

Federal Communications Commission

445 12^th^ Street SW., CY-B400

> Washington, DC 20024

Mail Delivery:

Commercial Contractor

Federal Communications Commission

445 12^th^ Street SW., CY-B400

Washington, DC 20554

4.  TARIFF AND PRICING ANALYSIS BRANCH PACKAGE\*\*

> Hand Delivery:

Chief, Tariff & Pricing Analysis Branch

Federal Communications Commission

445 12^th^ Street SW., 5-A207

> Washington, DC 20024

Mail Delivery:

Chief, Tariff & Pricing Analysis Branch

Federal Communications Commission

445 12^th^ Street SW., 5-A207

Washington, DC 20554

\* The date on which the Secretary Package is stamped as received by the
Secretary\'s Office or Commission mail room is defined as the official
filing date. The effective date of a nondominant tariff shall fall on
not less than one day after the official filing date.

\*\* The Secretary package and the Tariff and Pricing Analysis Branch
package must

be sent in separate packages by the same means of delivery so they will
be

received on the same date.

[^1]: *In the Matter of Policy and Rules Concerning the Interstate,
    Interexchange Marketplace Detariffing Order*, 11 FCC Rcd 20730
    (1996) (*Detariffing Order*).

[^2]: *Id*. at 20779, paras. 89, 90.

[^3]: *See In the Matter of Policy and Rules Concerning the Interstate,
    Interexchange Marketplace,* Order on Reconsideration, 12 FCC Rcd
    15014 (1997) (*Order on Reconsideration*); Second Order on
    Reconsideration and Erratum, 14 FCC Rcd 6004 (1999) (*Second Order
    on Reconsideration*).

[^4]: *Order on Reconsideration*, 12 FCC Rcd at 15034 and 15037, paras.
    32 and 39.

[^5]: *Second Order on Reconsideration*, 14 FCC Rcd at 6015, para. 18.

[^6]: *MCI WorldCom, Inc. et al. v. FCC*, Opinion, 2000 WL 390520, No.
    96-1459 (D.C.Cir. 2000).

[^7]: *MCI WorldCom, Inc. et al. v. FCC*, No. 96-1459, Order (D.C.Cir.
    May 1, 2000).

[^8]: *Order on Reconsideration*, 12 FCC Rcd at 15044, para. 52.

[^9]: Examples of such long-term service arrangements include AT&T's
    Tariff 12 options, MCI's special customer arrangements, and Sprint's
    custom network service arrangement. *Detariffing Order*, 11 FCC Rcd
    at 20780, para. 90.

[^10]: *Order on Reconsideration*, 12 FCC Rcd at 15044, para. 52.