#########  **Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matters of )

)

AT&T COMMUNICATIONS ) CC Docket No. 90-11

)

Tariff F.C.C. No. 15 ) Transmittal No. 1854

Competitive Pricing Plan No. 2 )

)

)

AT&T COMMUNICATIONS ) CC Docket No. 90-327

) CC Docket No. 91-116

Tariff F.C.C. No. 15 )

Competitive Pricing Plan Nos. 4, 5, 6, 8, )

9, 10, 12, 13, 15, 16, 17, and 18 )

**ORDER CONCLUDING INVESTIGATIONS**

Adopted: May 17, 2001 Released: May 21, 2001

By the Commission:

1\. In this Order, we terminate our investigations of AT&T
Corporation\'s (AT&T) Tariff F.C.C. No. 15, Competitive Pricing Plan
(CPP) numbers 2, 4, 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, and 18. As
discussed below, the investigations are moot.

2\. On October 23, 1989, AT&T Corporation filed Transmittal No. 1854
under Tariff 15 seeking to offer below generic-tariff rates on long
distance service to customers who had received competitive offers from
other carriers. [^1] AT&T established a total of 22 CPPs under Tariff
15. Of these, 9 CPPs were either rejected by the Commission or withdrawn
by AT&T. The Commission found that the Tariff 15 CPPs as filed might
permit AT&T to engage in anti-competitive practices or unreasonable
discrimination against customers in violation of sections 201(b) and
202(a) of the Communications Act of 1934.[^2] Acting pursuant to
delegated authority, the Common Carrier Bureau suspended the remaining
13 CPPs and set them for investigation. The Commission[^3] and the
Bureau[^4] designated issues for investigation relating to the 13 CPPs.
The CPPs went into effect at the end of the maximum five-month
suspension pursuant to section 204 of the Act.[^5]

3\. On July 23, 1999, AT&T filed Transmittal No. 11379 to cancel Tariff
F.C.C. No. 15 in its entirely, effective July 24, 1999.[^6] AT&T asserts
that the cancellation of Tariff F.C.C. No.15 has no negative impact on
customers.[^7] AT&T states that currently there are no existing CPP
customers being served under its Tariff F.C.C. No.15 and that the
telecommunications services provided under this tariff remain available
under various other AT&T tariffs.[^8]

4\. Because there are no existing CPP customers and AT&T has withdrawn
Tariff F.C.C. No. 15 in its entirety, we conclude our investigations of
CPP numbers 2, 4, 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, and 18. The issue
of whether the Tariff 15 CPPs as filed might permit AT&T to engage in
anti-competitive practices or unreasonable discrimination against
customers in violation of sections 201(b) and 202(a) of the
Communications Act of 1934 has been rendered moot by AT&T Corporation's
cancellation of Tariff F.C.C. No. 15. The Commission began this
investigation out of concern that the rates at issue were too low and
were not available to others. Therefore, no refunds were ever at issue.

6\. Accordingly, IT IS ORDERED that pursuant to section 204(a) of the
Communications Act, 47 U.S.C. § 204(a), the investigation instituted by
the Common Carrier Bureau in CC Docket No. 90-11 for AT&T Corporation\'s
Tariff F.C.C. No. 15, Transmittal 1854, CPP 2, IS TERMINATED.

7\. IT IS FURTHER ORDERED that pursuant to section 204(a) of the
Communications Act, 47 U.S.C. § 204(a), the investigations instituted by
the Common Carrier Bureau in CC Docket Nos. 90-327 and 91-116 for AT&T
Corporation\'s Tariff F.C.C. No. 15, CPP Nos. 4, 5, 6, 8, 9, 10, 12, 13,
15, 16, 17, and 18, ARE TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

[^1]: ^?^ Specifically, CPP 2 contained special discounts on AT&T\'s
    general 800 Service and Software Defined Network (SDN) rate
    schedules. *AT&T Communications Tariff F.C.C. No. 15, Competitive
    Pricing Plan No. 2, Resort Condominiums International*, 6 FCC Rcd
    5648 (1991) (*RCI Order*), remanded in an unpublished order (D.C.
    Cir. January 21, 1992). Nine of the remaining 12 CPPs at issue here
    provide eligible customers with percentage discounts on their
    monthly billings for particular services or a special usage rate.
    These discounts range from 2 to 23.2 percent and each plan provides
    a single service or some combination of services such as (SDN),
    World Connect, and 800 Service. The remaining three CPPs provide
    individual, named customers with either a one‑time credit against
    the customer\'s initial Tariff 15 bill or a waiver of certain
    monthly recurring charges. *AT&T Communications, Tariff F.C.C. No.
    15 Competitive Pricing Plan Nos. 4, 5, 6, 8, 9, 10, 12, 13, 15, 16,
    17, and 18*, 6 FCC Rcd 6656 (1991) (*1991 Designation Order*).

[^2]: ^?^ *See*, *e.g*., *RCI Order*, 6 FCC Rcd at 5648-49 (rejecting a
    CPP on ground of unreasonable discrimination under section 202(a));
    *AT&T Communications Tariff F.C.C. No. 15 Competitive Pricing
    Plans*, CC Docket No. 88-471, Memorandum Order and Opinion, 4 FCC
    Rcd 7933 (1989) (rejected for unreasonable discrimination under
    section 202(a)); *AT&T Communications, Tariff F.C.C. No. 15,
    Competitive Pricing Plan No. 2, Resort Condominiums International,
    Supplemental Designation Order and Stay*, 7 FCC Rcd 3036 (1992)
    (*RCI Remand Designation Order*) (raising issues for investigation
    under sections 201(b) and 202(a) of the Act). Other CPPs were
    rejected due to AT&T\'s failure to calculate properly cost support
    information. *See*, *e.g., AT&T Communications Revisions to Tariff
    F.C.C. No. 15, Competitive Pricing Plan No. 7*, 5 FCC Rcd 5620
    (1990).

[^3]: ^?^ 7 FCC Rcd 3036 (1992).

[^4]: ^?^ *1991 Designation Order*, 6 FCC Rcd 6656 (1991).

[^5]: ^?^ 47 U.S.C. Section 204.

[^6]: ^?^ *See* AT&T Tariff F.C.C. No. 15, Transmittal. No. 1139.

[^7]: ^?^ *Id*.

[^8]: ^?^ *Id*.