DA 03-436

Released: February 13, 2003

**FURTHER COMMENT REQUESTED ON THE JOINT PETITION FOR DECLARATORY RULING
ON THE ASSIGNMENT OF ACCOUNTS (TRAFFIC) WITHOUT THE ASSOCIATED CSTP II
PLANS UNDER AT&T TARIFF FCC NO. 2**

**PLEADING CYCLE ESTABLISHED**

**Internal File No. CCB/CPD 96-20**

COMMENTS: March 6, 2003

REPLY COMMENTS: March 17, 20003

On May 31, 1996, the United States Court of Appeals for the Third
Circuit referred to the Commission, under the doctrine of primary
jurisdiction, a question concerning the interpretation of AT&T's Tariff
FCC No. 2 raised in a related civil action involving Petitioners
Combined Companies, Inc., Winback & Conserve Program, Inc., One Stop
Financial, Inc., Group Discounts, Inc., and 800 Discounts, Inc.
(Petitioners) and AT&T.[^1] On July 15, 1996, Petitioners filed a Joint
Motion for Expedited Consideration and a Joint Petition for Declaratory
Ruling, and on July 25, 1996, the Commission released a Public Notice
seeking comment on the Motion and Petition.[^2] AT&T filed Comments in
Opposition on August 26, 1996 and Petitioners filed Reply Comments on
September 23, 1996.

This Public Notice invites the parties to file additional comments on
two issues, which relate to AT&T's Tariff FCC No. 2 in effect in January
1995. Specifically, we first seek comment on the nature of the
relationship, if any, between AT&T and the end-user customers of AT&T's
customers, under AT&T's Tariff FCC No. 2 generally, and specifically
under the tariff provisions governing the RVPP and CSTP II Plans at
issue in this matter. Second, we seek comment on the remedy that AT&T\'s
Tariff FCC No. 2 specifies that AT&T may exercise if AT&T has reason to
believe that its customer is violating section 2.2.4.A.2 of that tariff
by

"\[u\]sing or attempting to use WATS with the intent to avoid the
payment, either in whole or in part, of any of the Company's tariffed
charges by ... \[u\]sing fraudulent means or devices, tricks, \[or\]
schemes." We ask the parties to provide citations to specific sections
of the tariff.

*Ex parte* presentations in this proceeding continue to be governed by
the procedures set forth in Section 1.1206 of the Commission's rules, 47
C.F.R. § 1.1206, covering "permit-but-disclose" proceedings. 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 generally is 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).

**[FILING PROCEDURES]{.underline}**

Parties submitting comments in response to this Public Notice must file
initial comments by March 6, 2003 and reply comments by March 17, 2003.
When filing comments, please reference the internal file number: CCB/CPD
96-20. An original plus four (4) copies of all comments shall be
addressed to Marlene H. Dortch, Secretary, Federal Communications
Commission, 445 12^th^ Street, SW, Room TW-B204, Washington, DC 20554. A
courtesy copy should be addressed to Chief, Pricing Policy Division,
Wireline Competition Bureau, 445 12^th^ Street, SW, Room 5-A225,
Washington, DC 20554 and emailed to <jnitsche@fcc.gov>. A courtesy copy
should also be addressed to Qualex International, Portals II, 445 12th
Street, SW, Room CY-B402, Washington, DC, 20554, telephone 202-863-2893,
facsimile 202-863-2898, or via e-mail <qualexint@aol.com>.

Comments can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail:

**If you are sending this type of document or using this delivery method
\--** Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to: Vistronix, Inc., 236
Massachusetts Avenue, NE, Suite 110, Washington, DC 20002 (8:00 a.m. to
7:00 p.m.). All hand deliveries must be held together with rubber bands
or fasteners. Any envelopes must be disposed of before entering the
building.

**If you are sending this type of document or using this delivery method
\--** Documents sent by commercial overnight mail (other than United
States Postal Service Express Mail and Priority Mail) must be sent to:
9300 East Hampton Drive, Capitol Heights, MD 20743 (8:00 a.m. to 5:30
p.m.).

**If you are sending this type of document or using this delivery method
\--** U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be sent to: 445 12^th^ Street, SW, Washington, DC 20554.

The following chart summarizes this information:

+-----------------------------------+----------------------------------+
| **TYPE OF DELIVERY**              | > **PROPER DELIVERY ADDRESS**    |
+-----------------------------------+----------------------------------+
| Hand-delivered paper filings      | > 236 Massachusetts Avenue, NE,  |
|                                   | >                                |
|                                   | > Suite 110, Washington, DC      |
|                                   | > 20002 (Weekdays - 8:00 a.m. to |
|                                   | > 7:00 p.m.)                     |
+-----------------------------------+----------------------------------+
| Messenger-delivered documents     | > 9300 East Hampton Drive,       |
| (e.g., Federal Express) including | >                                |
| documents sent by overnight mail  | > Capitol Heights, MD 20743      |
| (this type excludes USPS Express  | >                                |
| and Priority Mail)                | > (Weekdays - 8:00 a.m. to 5:30  |
|                                   | > p.m.)                          |
+-----------------------------------+----------------------------------+
| USPS First-Class, Express, and    | > 445 12^th^ Street, SW          |
| Priority Mail                     | >                                |
|                                   | > Washington, DC 20554           |
+-----------------------------------+----------------------------------+

Filings and comments in CCB/CPD File No. 96-20 are available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW, Room
CY-A257, Washington, DC, 20554. They may also be purchased from the
Commission\'s duplicating contractor, Qualex International, Portals II,
445 12th Street, SW, Room CY-B402, Washington, DC, 20554, telephone
202-863-2893, facsimile 202-863-2898, or via e-mail <qualexint@aol.com>.

For further information regarding this proceeding contact Judith
Nitsche, Pricing Policy Division, Wireline Competition Bureau, (202)
418-1540.

\- **FCC** -

[^1]: *Combined Co., Inc., et al. v. AT&T Corp.*, No. 96-5185, slip op.
    (3d Cir. May 31, 1996); *see also Combined Companies, Inc., et al.
    v. AT&T Corp.,* CA No. 95-908, letter op. (D.N.J. May 19, 1995).

[^2]: *Joint Motion for Expedited Consideration of the Joint Petition
    for Declaratory Ruling on the Assignment of Accounts (Traffic)
    Without the Associated CSTP II Plans Under AT&T Tariff F.C.C. No.
    2,* Internal File No. CCB/CPD 96-20, Public Notice, 11 FCC Rcd 8738
    (1996).