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$///DA 95-438,4/6/95,RO///$


$// Order; AT&T; Trans. No. 8173; Tariff Nos. 1 & 13; DA 95-438 //$
$/ Section 0.291 Delegated Authority /$
TRANSMITTED FOR FCC RECORD ONLY

                         Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.
    DA 95 - 438 

In the Matter of                     )
                                 )   Transmittal Nos. 8173, 8174
    )    8175 and 8176  
AT&T Communications                  )  
Tariff F.C.C. Nos. 1 and 13               )
  
                                   ORDER

            Adopted: March 9, 1995 ;  Released: March 10, 1995

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

    1.  On February 16, 1995, AT&T Corp. (AT&T) filed the above-referenced
transmittals proposing amendments to various provisions in its tariffs. One portion of
Transmittal No. 8173 was filed on 15 days' notice to increase rates for certain Area Code
Calling Plan, Any Hour Saver Plan and Block-of-Time Calling Plan rate elements. 
Transmittal No. 8174 raises rates for various international services, including calling card
calls, operator assisted calls, international Dial Station calls, and various USADirect
services, among other things.  Transmittal No. 8175 introduces a Reach Out-World Special
Weekends promotion and a Reach Out-World promotion.  Transmittal No. 8176 increases
the usage charges for International Dial Station rates for calls from Hawaii to certain
overseas locations.  

    2.  On February 27, 1995, Gerald Schwartz, an individual acting pro se, 
filed a petition to reject, suspend and investigate, AT&T Transmittal Nos. 8172 through
8176.  AT&T did not file a reply to the petition. 

    3.  In its petition, Schwartz protests all of the rate increases contained in the
above-referenced tariff transmittals on the grounds that: (1) AT&T is increasing these rates
solely for the purpose of misleading the public relating to its real rate structure; (2) AT&T
offsets its advertised discounts with rate increases; (3) AT&T's requests in these
transmittals are meant to hamper competition by increasing rates so that AT&T can then
offer "sham" discount programs; (4) AT&T's rate increase is excessive and unjustified;
(5) AT&T's rate increase is unnecessary;  (6) AT&T's rate increase is for the sole purpose
of obtaining funds for deceptive advertising and to offset its discounts; and (7) AT&T's
competition will be harmed because AT&T will be able to claim larger discounts when its
net profit will remain unchanged.  

    4.  Some of the domestic rate increases in Transmittal No. 8173 took effect
on March 3, 1995.  That portion of the transmittal was filed on 15 days' notice and, as
to that portion of the transmittal, the petition would have been due on February 23, 1995. 
Schwartz's petition was, therefore,  not timely filed as to this portion of this transmittal. 
The remainder of Transmittal No. 8173 and all of the other transmittals are scheduled to
take effect on April 2, 1995.  

    5.  The Tariff Division has reviewed AT&T Communications' Transmittal
Nos. 8174 through 8176 and the related pleadings.  We conclude that these filings do not
warrant rejection because they do not, on their face, conflict with a statute or with an
agency regulation or order.  We further conclude that the petition does not demonstrate
that an investigation is warranted at this time.

    6.  Accordingly, IT IS ORDERED that the petition to reject and suspend and
investigate AT&T Communications Tariff F.C.C. Nos. 1 and 13, Transmittal Nos. 8172,
8173, 8174, 8175 and 8176, filed by Gerald Schwartz, an individual, IS DENIED as to
Transmittal Nos. 8174, 8175 and 8176, and DISMISSED as to the portion of Transmittal
No. 8173 filed on 15 days' notice.  We take no action at this time on Transmittal No.
8172 or on the portion of Transmittal No. 8173 that was filed on 45 days' notice. 

    FEDERAL COMMUNICATIONS COMMISSION


    Geraldine A. Matise
    Acting Chief, Tariff Division 
                  Common Carrier Bureau