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$// Order; Guam Telephone Authority ; Trans. 7 & 9; DA 95-1679 //$
$/ Section 0.29l Delegated Authority /$
TRANSMITTED FOR FCC RECORD ONLY

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.

    DA 95-1693
In the Matter of  )
    )
Guam Telephone Authority         )   
    )
Tariff F.C.C. No. 1    )    Transmittal Nos. 7, 9

                                   ORDER

              Adopted: July 31, 1995; Released: July 31, 1995

By the Deputy Chief, Tariff Division, Common Carrier Bureau:

    1.  Guam Telephone Authority (GTA) filed Transmittal No. 7 on April 12, 1995
to establish procedures for balloting and presubscription in connection with its proposed
implementation of Feature Group D equal access on the island of Guam.  On April 26
1995, IT&E Overseas, Inc. (IT&E) filed a petition for clarification of Transmittal No. 7,
to which GTA replied on May 9, 1995.  On July 28, 1995, GTA filed Transmittal No. 9
to clarify its earlier-filed transmittal.  Both transmittals are scheduled to become effective 
on August 1, 1995.

     2.  IT&E requests that the Commission require GTA to clarify its proposed
balloting and allocation procedures.  IT&E states that although it generally finds
Transmittal No. 7 to be reasonable, the presubscription provisions set forth in GTA's
transmittal are incomplete, unclear, and not in full conformance with the Commission's
Allocation Order.  IT&E Petition at 1.  IT&E contends that GTA should clarify its tariff
by: (1) stating that it will accept IXC lists of customers who have made individual
arrangements with a specific IXC to designate the IXC as their PIC; (2) expressly setting
forth a random allocation process for such customers based upon current IXC
presubscription ratios; and (3) stating that any alternative to allocation, such as call
blocking or access code dialing, may not be substituted for the allocation process.  Id. at
2.  IT&E also urges that the Commission require GTA to revise its provisions regarding
customer choice discrepancy to conform to the procedures set forth in the Allocation
Order.  Id. at 3.

      3.  GTA states that it modeled Transmittal No. 7 after the National Exchange
Carrier Association (NECA) balloting and presubscription tariff.  GTA argues that it does
not believe that the minimal changes it made to NECA's tariff affected its legal
sufficiency.  GTA Reply at 1.  According to GTA, it will accept IXC customer lists as
required by the Allocation Order and follow the allocation procedures mandated by the
Allocation Order.  Id. at 1-2.  GTA also contends that GTA's process regarding balloting
or customer list discrepancies conforms with the Allocation Order.  Id. at 3.  Finally, 
GTA explains that it intends to block new customers from 1+ dialing until they select a
PIC.  Id. at 2-3.

     4.  The Common Carrier Bureau has reviewed the transmittals and all associated
submissions.  We conclude that no compelling argument has been presented by IT&E that
the balloting and allocation procedures proposed by GTA in Transmittal No. 7 and revised
in Transmittal No. 9 require further clarification. 

     5.  Accordingly, IT IS ORDERED that the petition for clarification of Guam
Telephone Authority Tariff F.C.C. No. 1, Transmittal No. 7, filed by IT&E Overseas,
Inc. IS GRANTED to the extent described herein and otherwise IS  DENIED. 

     FEDERAL COMMUNICATIONS COMMISSION

     David A. Nall
     Deputy Chief, Tariff Division 
     Common Carrier Bureau