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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ontonagon County ) Telephone Company ) ) Request for Waiver of the Commission's) Equal Access Implementation Plan for ) Independent Telephone Companies ) MEMORANDUM OPINION AND ORDER Adopted: October 18, 1996 Released: October 21, 1996 By the Chief, Policy and Program Planning Division: 1. In this order, we grant a petition for a four-month waiver of the Commission's equal access implementation requirements filed by Ontonagon County Telephone Company (Ontonagon), an independent telephone company (ITC). Ontonagon provides local exchange service to six exchanges -- Ontonagon, Bruce Crossing, Ewen, Mass City, White Pine, and Rockland -- in the Upper Peninsula region of Michigan. 2. In the ITC Equal Access Order, the Commission required ITCs to convert their end offices to equal access under certain conditions. Strict timetables for conversion had been imposed upon the Bell Operating Companies (BOCs) under the Modification of Final Judgment (MFJ), and upon the GTE Operating Companies (GTOCs) under the GTE Consent Decree. The Commission recognized differences between those companies and ITCs with respect to the types of markets served, switching technologies employed, and financial resources available to undertake equal access conversion. Because of these differences, the Commission concluded that timetables of the type imposed on the BOCs and the GTOCs would not be appropriate for the ITCs other than the GTOCs. 3. Instead, the Commission required ITCs to convert end offices equipped with stored program controlled (SPC) switches within three years of a reasonable request for conversion to equal access by an interexchange carrier (IXC). The ITC Equal Access Order provided, however, that ITCs may seek a waiver of the Commission's rules if they "can demonstrate that such a timetable, or the provision of such access features, is not feasible except at costs that clearly outweigh potential benefits to users of telecommunications services." 4. On August 11, 1995, Ontonagon filed a petition for a one-year waiver of the equal access implementation requirements. According to the petition, Ontonagon received a request for equal access conversion from MCI Telecommunications (MCI) in October 1992. Ontonagon stated that it was thus required to complete equal access conversion by October 22, 1995. Ontonagon stated in its petition that it required an additional year to implement equal access so that it could convert all six of its switches to equal access simultaneously. MCI agreed to the proposed new completion date for equal access conversion. On October 20, 1995, the Commission released an order granting Ontonagon's petition for a one-year waiver. 5. On October 1, 1996, Ontonagon filed a petition for waiver seeking an additional four months, until February 22, 1997, to complete the conversion of its six existing exchanges to equal access. In its petition, Ontonagon states that it acted promptly to obtain financing and equipment for its equal access conversion. According to Ontonagon, it has upgraded its Mass City exchange and has begun the upgrade of its Ontonagon exchange. Ontonagon further states that it has ordered and is awaiting delivery of new switching equipment to upgrade the Bruce Crossing and Ewen exchanges. It expects to have the new and upgraded equipment for all of its exchanges installed, tested, and ready for cut-over by early February 1997. 6. Ontonagon states that it has discussed the proposed additional extension with representatives of MCI, the sole IXC requesting equal access. According to Ontonagon, these MCI representatives have reviewed the present petition prior to its filing with the Commission, and have authorized Ontonagon to state that MCI will interpose no objection to the requested waiver. 7. We conclude that the requested waiver is in the public interest. The petitioner has set forth circumstances justifying its request and MCI has no objection to the new completion date. We conclude that Ontonagon has demonstrated that good cause exists for the brief additional extension of time it requests. 8. Accordingly, IT IS ORDERED that the petition for waiver of the equal access implementation requirements IS GRANTED to the extent described herein. Federal Communications Commission Richard K. Welch Chief, Policy and Program Planning Division Common Carrier Bureau