**DA 01-1162 Released: May 10, 2001**

**BellSouth Files Petition for Waiver of Filing Requirement for Pricing
Flexibility for New Services**

**CCB/CPD File No. 01-10**

**Pleading Cycle Established**

**COMMENT DUE DATE:** **May 25, 2001**

**REPLY COMMENT DUE DATE: June 4, 2001**

On April 30, 2001, BellSouth Telecommunications, Inc. (BellSouth) filed
a petition for waiver of the requirement that it submit pricing
flexibility requests for new services as part of its annual access
charge tariff filing. Under the Commission's rules, a price cap local
exchange carrier (LEC) such as BellSouth is entitled to pricing
flexibility for a new service if it can demonstrate in its annual access
tariff filing that the new service properly would be incorporated into a
basket or service band for which it previously had received pricing
flexibility.[^1]

On August 24, 2000, BellSouth filed a petition for pricing flexibility
for certain special access and dedicated transport services, and the
Common Carrier Bureau subsequently granted BellSouth's petition.[^2] On
September 30, 2000, BellSouth filed tariff Transmittal No. 563, which
introduced an

OC-192 option for BellSouth's Dedicated Ring service, LightGate service,
and SMARTRing service. BellSouth contends in its waiver petition that
the new OC-192 option would be included in the same baskets and service
band as services for which it received pricing flexibility. BellSouth
further contends that a waiver is justified because the new services
have been available since September 30 and postponing pricing
flexibility for those services until BellSouth's annual access tariff
filing would delay needlessly contract tariff negotiations for the
OC-192 option.

Comments on BellSouth's waiver petition must be filed on or before May
25, 2001. Reply comments must be filed on or before June 4, 2001. When
filing comments and reply comments, please reference CCB/CPD File No.
01-10. Interested parties must file an original and five copies of all
comments and reply comments. Pleadings must be filed with the Office of
the Secretary, Federal Communications Commission, 445 12th Street S.W.,
TW-A325, Washington, DC 20554. In addition, one copy of each comment or
reply comment must be filed with the Commission\'s duplicating
contractor, ITS, Inc., 1231

20th Street N.W., Washington, DC 20036. One copy must be filed also with
the Chief, Competitive Pricing Division, Common Carrier Bureau, Room
5-A225, 445 12^th^ Street S.W., Washington, DC 20554.

The full text of BellSouth's waiver petition is available for public
inspection and copying from 8:00 a.m. to 4:30 p.m., Monday through
Thursday, and 8:00 a.m. to 11:00 a.m. on Friday at the FCC Reference
Information Center, Room CY-A257, Portals II, 445 12^th^ Street S.W.,
Washington, DC 20554. This document may also be purchased from the
Commission's copy contractor, ITS, Inc., 1231 20th Street N.W.,
Washington, DC 20036, or by calling (202)857-3800, (202)857-3805
(facsimile).

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 and 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 47
C.F.R. § 1.1206(b).

For further information, contact Lynne Milne, Competitive Pricing
Division, Common Carrier Bureau, (202) 418-1520, TTY (202) 418-0484.

**- FCC -**

[^1]: *See* Access Charge Reform, CC Docket No. 96-262, Fifth Report and
    Order and Further Notice of Proposed Rulemaking, 14 FCC Rcd 14221,
    14310 (¶ 173)(1999)("Whenever a price cap LEC can demonstrate in an
    annual access tariff filing that one of its new services would be
    properly incorporated into a basket or service band for which it has
    been granted Phase I or Phase II regulatory relief in any MSA
    \[metropolitan statistical area\] or MSAs, it will be granted the
    same relief in the same MSAs for that new service."); *see also* 47
    C.F.R. § 61.42(g).

[^2]: *See* BellSouth Petition for Pricing Flexibility for Special
    Access and Dedicated Transport Services, CCB/CPD No. 00-20,
    Memorandum Opinion and Order, DA 00-2793 (Com. Car. Bur. Dec.15,
    2000), 2000 WL 1838992 (F.C.C.).