$// Order; Bell Atlantic; New Term Pricing Plan; Trans. No. 700; DA 94-369 //$
$/Section 0.291 Delegated Authority /$ 
TRANSMITTED FOR FCC RECORD ONLY
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

                                   DA 94-369

In the Matter of                   )    
                              )
Bell Atlantic Telephone Companies            )    Transmittal No. 700    
                              )
Revisions to Tariff F.C.C. No. 1        )


                                   ORDER
                       
         Adopted: February 27, 1995; Released: February 27, 1995 


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

     1.   On September 30, 1994, Bell Atlantic Telephone Companies (Bell Atlantic)
filed Transmittal No. 700 to introduce new term pricing plan discounts for the following
selected DS1 and DS3 switched transport services: switched transport entrance facilities;
direct trunk transport; and multiplexing.  Bell Atlantic does not propose to make any of its
term pricing plan discounts available for customers of tandem switched transport.

     2.   On October 25, 1994, WilTel, Inc. (WilTel) and The Competitive
Telecommunications Association (CompTel) filed petitions to reject or suspend and
investigate Transmittal No. 700.  The petitioners argue that Bell Atlantic failed to provide
sufficient cost support for the transmittal and that it discriminates against tandem switched
transport customers.  CompTel argues that because Bell Atlantic's cost study for Transmittal
No. 700 shows no unit cost differences between providing one DS3 and three DS3s, the
Commission should not permit Bell Atlantic to establish rate categories for multiple DS3s. 
CompTel and WilTel argue that Bell Atlantic's proposal is discriminatory to smaller carriers
because term discounts are available for DS1 and DS3 service for direct-trunked transport
but not for tandem-switched transport, and larger discounts are offered for DS3 customers
than for DS1 customers.

     3.    In its reply, filed November 4, 1994, Bell Atlantic maintains that the rates in
Transmittal No. 700 extend to switched transport service the identical term plans as are
currently in effect for special access services.  Bell Atlantic, citing the Virtual Collocation
Order, contends that its transmittal is based on specific Commission approval of volume and
term discounts for switched transport. Bell Atlantic further contends that this proposal meets
the new services test under the price cap rules, and does not discriminate.

     4.    Bell Atlantic filed Special Permission Application No. 235 on February 17,
1995, to modify material filed in Transmittal No. 700.  In this application, Bell Atlantic
proposes  to allow the term pricing plan established in this transmittal only for the
Washington D.C. study area, where it claims to have 126 operational DS1-equivalent
switched transport cross-connects.  Bell Atlantic also seeks permission to advance the
scheduled effective date of Transmittal No. 700 from April 1, 1995 to February 28, 1995.
Bell Atlantic notes that it has not yet met the threshold for offering volume and term
discounts in any of its other study areas.
  
     5.    The Tariff Division has reviewed Bell Atlantic's Transmittal No. 700,
Application No. 235, and the related pleadings.  We conclude that no compelling argument
has been presented that this tariff, as revised, is patently unlawful so as to warrant rejection
or that an investigation is warranted at this time.

     6.    Accordingly, IT IS ORDERED that the petitions to reject or suspend and
investigate Bell Atlantic's revisions to Tariff F.C.C. No. 1, Transmittal No. 700, filed by
WilTel, Inc. and The Competitive Telecommunications Association, ARE DENIED.

     7.    IT IS FURTHER ORDERED that Application No. 235, filed on February 17,
1995, by Bell Atlantic Telephone Companies IS GRANTED.  This will enable Bell Atlantic
to file the tariff material requested therein to be effective on not less than one day's notice.   

     8.    IT IS FURTHER ORDERED that for this purpose, Sections 61.58 and 61.59
of the Commission's Rules, 47 C.F.R.  61.58, 61.59, are waived.  Bell Atlantic should
cite the "DA" number of this order as the authority for this filing.


     FEDERAL COMMUNICATIONS COMMISSION


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