$// Order; SW Bell; Trans. No. 2316; Dismiss Application for Review; FCC 95-414 //$ 
$/ Section 203(a) - Communications Act /$ 
TRANSMITTED FOR FCC RECORD ONLY

                                                                                                     FCC 95-414

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

In the Matter of                             )
                                   )
Southwestern Bell Telephone Company     )    Transmittal No. 2316
Tariff F.C.C. No. 73                    )    

                                   ORDER

     Adopted: October 2, 1995      Released: October 4, 1995

By the Commission:

     1.  On April 15, 1994, the Common Carrier Bureau (Bureau) rejected the above-
captioned revisions to Southwestern Bell Telephone Company (SWB) Tariff F.C.C. No 73,
on the grounds that the proposed tariff language was unclear and ambiguous in violation of
Sections 61.2 and 61.54(j) of the Commission's Rules, 47 C.F.R.  61.2 and 61.54(j). 
Those tariff revisions would have introduced maximum and minimum rates -- "rate ranges" 
-- in  SWB's access tariff.

     2.  On May 13, 1994, SWB filed an application for review of the Bureau's rejection
Order.  MCI Telecommunications Corporation (MCI) filed its opposition to the application
for review on May 31, 1994, to which SWB replied on June 15, 1994.  

     3.  SWB argues that the Bureau accepted filings from a number of nondominant
common carriers presenting ranges of rates for access elements similar to the ones contained
in SWB's rejected transmittal.  It also observes that subsequent to the Teleport Order, the
Commission released the Rate Range Order formally amending our rules to allow
nondominant carriers to utilize reasonable ranges of rates.  SWB argues that the Bureau's
rejection of its transmittal was inconsistent with these actions, and was therefore arbitrary
and capricious.

     4.  On January 20, 1995, the United States Court of Appeals for the District of
Columbia Circuit vacated the Commission's Rate Range Order.  In Southwestern Bell
Corporation v. FCC, 43 F.3d 1515, 1526 (D.C. Cir. 1995)(Southwestern Bell), the court
held that Section 203(a) of the Communications Act of 1934, 47 U.S.C.  203(a), does not
permit the Commission to allow common carriers to file a range of charges.

     5.  In view of the court's decision in Southwestern Bell, SWB's application for review
is moot.  That decision applies to all common carriers, not just nondominant carriers.  It also
prevents the Commission from granting SWB the relief it requests in its application --
allowing its rate range tariff to take effect.  Therefore, we dismiss as moot SWB's
application for review of the Bureau's Order rejecting SWB Transmittal No. 2316.

     6.  Accordingly, IT IS ORDERED that the application for review filed by
Southwestern Bell Telephone Company IS DISMISSED.



                                          FEDERAL COMMUNICATIONS COMMISSION





                                                     William F. Caton
                                                     Acting Secretary