NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* DA 96-960 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Inquiry into Policies and Programs to Assure Universal Telephone Service in a Competitive Market Environment AT&T's Request for a Permanent Replacement of the Current Method of Funding the Universal Service Fund and for Adopting a Temporary Revenue-Based Method for Allocating USF Costs Among Interexchange Carriers ) ) ) RM-8388 ) ) ) ) RM-8408 ) ) ) ) ORDER Adopted: June 17, 1996 Released: June 19, 1996 By the Bureau: 1. MFS Communications Company, Inc. (MFS) and AT&T have both petitioned the Commission requesting modifications in the mechanism used to fund universal telephone service. In 1993, MFS requested that the Commission initiate a Notice of Inquiry and en banc hearing to determine future policies for assuring the continued availability of universal telephone service as certain parts of the telecommunications market become increasingly competitive. MFS contended that existing universal support mechanisms are not consistent with encouraging efficient, effective competition in the local exchange. MFS proposed in its petition a new scheme that MFS claimed would continue to ensure that universal service goals would be met in a competitive environment. Thirty-five parties filed comments on the petition. 2. In 1993, AT&T filed a petition for rulemaking requesting that the Commission establish a permanent replacement for the current method of funding the Universal Service Fund (USF) and adopt a temporary revenue-based method for allocating USF costs among interexchange carriers (IXCs). AT&T asserted that recovering support on a per-line basis discriminates against AT&T, since it forces AT&T to pay 75 percent of USF costs. AT&T's share of interexchange service revenues is approximately 60 percent. Fifty parties filed comments on AT&T's petition. 3. Before any action was taken by the Commission in these two proceedings, the Telecommunications Act of 1996 (the 1996 Act) became law. The 1996 Act states that "[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." 4. Section 254(a)(1) of the 1996 Act also mandates the establishment of a Federal-State Joint Board and the initiation of a rulemaking proceeding to recommend changes to any of that Board's regulations. On March 8, 1996, the Commission released a Notice of Proposed Rulemaking and Order Establishing Joint Board, which, among other matters, seeks to adopt mechanisms to support universal service consistent with the 1996 Act. The 1996 Act requires the Commission to complete any proceeding to implement Joint Board recommendations by May 1997. 5. As the Universal Service Notice issued in March deals directly with the issues raised in both the MFS and AT&T petitions, we dismiss both these petitions as moot. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Common Carrier Bureau