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No. 1 ) ORDER Adopted: July 13, 1995 ; Released: July 13, 1995 By the Chief, Tariff Division, Common Carrier Bureau: 1. On April 12, 1995, AT&T Corp. (AT&T) filed a request for special permission to waive the requirements of Section 61.58 of the Commission's Rules, 47 C.F.R.  61.58, in order to designate the specific dates for the promotional benefit on not less than five days' notice. On April 14, 1995, AT&T filed Transmittal No. 8440 to revise its Tariff F.C.C. No. 1. Transmittal No. 8440 would provide customers who are enrolled in AT&T Reach Out-World (TrueWorld Savings) with a special higher discount on various weeks to be specified at a later date. AT&T will file the basic promotional structure terms and conditions on the statutory forty-five days' notice without designating the specific dates when the discount will be provided. After this structure becomes effective, AT&T plans to specify these special rate occasion dates in the tariff on not less than five days' notice. D&J at 1. The effective date of Transmittal No. 8440 has been deferred to July 14, 1995. 2. On April 28, 1995, MCI Telecommunications Corporation (MCI) filed a petition to reject Transmittal No. 8440. AT&T replied on May 8, 1995. In its petition, MCI claims that AT&T's proposed tariff revision is patently unlawful because it violates Sections 61.2, 61.54(j) and 61.58(c) of the Commission's Rules, 47 C.F.R.  61.2, 61.54(j) and 61.58(c). MCI Petition at 1. AT&T proposes to offer customers enrolled in AT&T's "Reach Out-World" program with a special discount for international calling "on various weeks to be specified at a later date" and to specify these dates in a tariff on not less than five days' notice. MCI claims that this violates the Commission's rules which impose a 45-day notice requirement on price cap carriers. Id. at 2. 3. MCI also claims that the proposed tariff is unlawful on its face and must be rejected because it is incomplete as to the effective dates of the tariff and therefore, unclear and ambiguous, constituting a violation of Section 61.2 of the Commission's Rules, 47 C.F.R.  61.2. MCI argues that the Commission's rules require that tariff publications contain clear and explanatory statements regarding the tariff rates and regulations. Id. at 3. MCI also argues that the AT&T tariff violates Section 61.54(j) of the Commission's Rules, 47 C.F.R.  61.54(j), which require that material terms and conditions, in this case the time when special pricing will be available, be stated clearly and definitely in the tariff at the time of the filing. Id. 4. AT&T, in its reply, argues that its tariff does not violate the Commission's rules. AT&T contends that the proposed $26 million price decrease is "not pleasing to competitors" and that this is the essence of MCI's petition. Reply Petition at 1. AT&T states that it did file Transmittal No. 8440 on 45 days' notice, in full compliance with Section 61.58(c) of the Commission's Rules, 47 C.F.R.  61.58(c). AT&T also states that an explicit waiver from Section 61.58 was sought by AT&T, and granted by the Commission, to permit the filing of specific dates designated as special rate occasions on 5 days notice. Id. at 5. 5. AT&T also claims that MCI's complaints under Sections 61.2 and 61.54(j) of the Commission's Rules, 47 C.F.R.  61.2, 61.54(j), are addressed in the Special Permission No. 95-439. AT&T contends that the Commission was able to consider the entire tariff in the context of the Special Permission and thereby satisfy itself that the specific dates designated as special rate occasions would not materially change the nature of the offer. AT&T also states that the five day review period is preserved for the Commission to the extent that it has any issues. 6. After review of Transmittal No. 8440 and the first rate occasion filing under Transmittal No. 8487, we concluded that the special rate occasions proposed by AT&T were equivalent to standard International MTS promotions which would normally be filed on 45 days' notice, absent the presence of an underlying tariff setting forth basic promotional structure terms and conditions. On July 13, 1995, we revoked the authority granted to AT&T in Special Permission No. 95-439, to file the special rate occasion dates on not less than five days' notice. AT&T is required to file promotions covered under Special Permission No. 95-439 on not less than 14 days' notice. 7. The Tariff Division has reviewed AT&T Communications Transmittal Nos. 8440 and 8821 and the related pleadings. With the rescission of the Special Permission No. 95-439, we conclude that the filings do not warrant suspension 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. 8. Accordingly, IT IS ORDERED that the petition to suspend and investigate AT&T Communications Tariff F.C.C. No. 1, Transmittal No. 8440, filed by MCI Telecommunications Corporation, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Geraldine A. Matise Chief, Tariff Division Common Carrier Bureau