**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of Local Number )CC Docket No. 99-35

Portability Tariff Filings of )

)

Bell Atlantic Telephone Companies )Transmittal Nos. 1111 and 1114

)

NYNEX Telephone Companies )Transmittal Nos. 539 and 540

**RECONSIDERATION OF DECISION TO SUSPEND AND INVESTIGATE TARIFF FILINGS
OF BELL ATLANTIC LOCAL TELEPHONE COMPANIES**

**Adopted:** April 14, 1999**Released:** April 15, 1999

By the Chief, Competitive Pricing Division:

**I. BACKGROUND**

1\. In this Reconsideration Order, we reconsider, on our own motion, our
decision to suspend and initiate an investigation into the tariff
transmittals filed by Bell Atlantic Telephone Companies and NYNEX
Telephone Companies (collectively, Bell Atlantic) seeking to establish
rates, terms, and conditions for local number portability query services
and end-user charges. The Bell Atlantic tariff transmittals for its
end-user charges were filed on March 2, 1999, with an effective date of
March 17, 1999.[^1] On March 9, 1999, AT&T filed a petition to reject or
suspend Bell Atlantic\'s filings[^2] and Bell Atlantic filed a reply on
March 15, 1999.[^3] We suspended Bell Atlantic\'s tariff transmittals on
March 16, 1999.[^4]

2\. Bell Atlantic filed Bell Atlantic Transmittal No. 1114 and NYNEX
Transmittal No. 540 on March 15, 1999, seeking to establish rates, terms
and conditions for Bell Atlantic\'s local number portability query
services, with a scheduled effective date of March 30, 1999.[^5] Bell
Atlantic filed therewith a petition for waiver of the Commission\'s
requirement that carriers that previously filed long-term number
portability query services rates must refile their query services rates
at the same time that they file their end-user charges.[^6] On March 22,
1999, AT&T filed a petition to reject or suspend Bell Atlantic
Transmittal No. 1114 and NYNEX Transmittal No. 540 for one day and make
them subject to the investigation set for Bell Atlantic Transmittal No.
1111.[^7] On March 23, 1999, Bell Atlantic filed Transmittal No. 1118,
revising the material filed under Transmittal No. 1114 to correct
supporting documentation and the resulting rates, but retained the same
March 30 effective date.[^8] We suspended Bell Atlantic\'s tariff
transmittals on March 24, 1999.[^9] We also granted Bell Atlantic\'s
request for a waiver.[^10]

3\. On April 12, 1999, Bell Atlantic filed Transmittal No. 1122,
revising Bell Atlantic Transmittal Nos. 1114 and 1118, and Transmittal
No. 1123, revising Bell Atlantic Transmittal No. 1111.[^11] Bell
Atlantic also filed Transmittal Nos. 547 and 548, revising NYNEX
Transmittal Nos. 539 and 540.[^12] These revised transmittals modify all
previously filed Bell Atlantic local number portability end-user and
query services tariff transmittals.

**II. DISCUSSION**

3\. Pursuant to sections 1.108 and 0.291 of the Commission\'s rules, 47
C.F.R. §§ 1.108, 0.291, we reconsider on our own motion our decision in
the *Bell Atlantic Suspension Order* to suspend and initiate an
investigation into Bell Atlantic\'s local number portability tariffs. In
that order, we found that Bell Atlantic\'s tariffs raised substantial
questions of lawfulness and warranted an investigation.[^13] We
specifically raised issues concerning the following: whether Bell
Atlantic\'s method of identifying eligible Operations Support Systems
(OSS) costs is unreasonable; whether Bell Atlantic\'s calculation of its
overhead factors is unreasonable; whether Bell Atlantic\'s inclusion of
building and power costs in its calculation of number portability costs
is unreasonable; and whether Bell Atlantic\'s overall level of costs for
local number portability is unreasonable. We also found that AT&T\'s
petitions to suspend and investigate Bell Atlantic\'s long-term number
portability tariffs raised questions of lawfulness, similar to those we
identified, and further supported the investigation of these tariffs.

4\. In its revised transmittals, Bell Atlantic modifies several aspects
of its previously-filed number portability tariff transmittals. In
Transmittal No. 1122, Bell Atlantic lowers its query rates, eliminating
a substantial mark-up that it had previously applied. In Transmittal No.
1123, Bell Atlantic removes several elements of OSS costs. In addition,
Bell Atlantic has clarified aspects of its previously-filed cost
support, including the manner in which it developed and used \"cost
factors,\" its inclusion of building and power costs, and its overall
cost levels. Transmittal Nos. 547 and 548 make corresponding
modifications to NYNEX Transmittal Nos. 539 and 540.

5\. We find that Bell Atlantic has provided reasonable explanations for
its cost recovery actions, and that, with the modifications described in
Transmittal Nos. 1122, 1123, 547 and 548, Bell Atlantic\'s number
portability tariffs no longer raise substantial questions of lawfulness
that warrant investigation under section 204(a) of the Act. We therefore
decline to investigate these tariffs.

**III. ORDERING CLAUSES**

6\. **ACCORDINGLY, IT IS ORDERED that**, pursuant to sections 0.291 and
1.108 of the Commission\'s rules, 47 C.F.R. §§ 0.291, 1.108, we
reconsider on our own motion our decision in the *Bell Atlantic and
NYNEX Suspension Order*, DA 99-576 (rel. Mar. 24, 1999) to suspend and
investigate the rates, terms, and conditions for local number
portability query service and end-user charges in relation to Bell
Atlantic Telephone Companies and NYNEX Telephone Companies.

FEDERAL COMMUNICATIONS COMMISSION

Jane E. Jackson

Chief, Competitive Pricing Division

Common Carrier Bureau

[^1]: ^?^ Bell Atlantic Transmittal No. 1111, filed March 2, 1999; NYNEX
    Transmittal No. 539, filed March 2, 1999.

[^2]: ^?^ AT&T Petition to Reject or Suspend Tariff, filed March 9,
    1999.

[^3]: ^?^ Bell Atlantic Reply, filed March 15, 1999.

[^4]: ^?^ *See* In the Matter of Local Telephone Number Portability
    Tariff Filings of Bell Atlantic Companies, *Memorandum Opinion and
    Order*, DA 99-519 (rel. Mar. 16, 1999) *(Bell Atlantic Query
    Services Suspension Order*).

[^5]: ^?^ *See* Bell Atlantic Transmittal No. 1114, filed March 15,
    1999; NYNEX Transmittal No. 540, filed March 15, 1999.

[^6]: ^?^ *See* In the Matter of Number Portability Query Services,
    *Order*, CC Docket No. 98-14, 13 FCC Rcd 16117 (1998) (*Query
    Services Order*).

[^7]: ^?^ AT&T Petition to Reject or Suspend, filed March 22, 1999 (AT&T
    Petition).

[^8]: ^?^ Bell Atlantic Transmittal No. 1118, filed March 23, 1999.

[^9]: ^?^ *In the Matter of* Long-Term Telephone Number Portability
    Tariff Filings of Bell Atlantic Telephone Companies and NYNEX
    Telephone Companies, CC Docket No. 99-35, *Memorandum Opinion and
    Order*, DA 99-576 (rel. Mar. 24, 1999) (*Bell Atlantic and NYNEX
    Suspension Order*).

[^10]: ^?^ *Id.* at para. 5.

[^11]: ^?^ Bell Atlantic Transmittal Nos. 1122 and 1123, filed April 12,
    1999.

[^12]: ^?^ NYNEX Transmittal Nos. 547, 548, filed April 12, 1999.

[^13]: ^?^ *Bell Atlantic and NYNEX Suspension Order* at para. 3.