******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 Southwestern Bell Telephone ) Company ) ))Transmittal No. 2583 Tariff F.C.C. No. 73 ) ORDER Adopted: December 19, 1996 Released: December 20, 1996 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1.On November 5, 1996, Southwestern Bell Telephone Company (SWBT) filed Transmittal No. 2583 to add two Individual Case Basis (ICBs) for the State of Texas TEX-AN and TU Electric. In addition, SWBT proposes to provide a 1.544 Mbps Quarantine Router Port on SWBT's Dallas Quarantine Local Area Network (LAN) accessing the Customer Network Management service (CNM) for the TEX-AN Network. On that same date, SWBT filed a request pursuant to Sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R.  0.457 and 0.459, and the Freedom of Information Act (FOIA), 5 U.S.C.  552(b)(4) for confidential treatment of the cost support data filed in support of Transmittal No. 2583. SWBT maintains that disclosure of such confidential financial information could substantially harm the competitive position of SWBT by assisting competitors in preparing marketing strategies to use in direct competition with SWBT. 2. On November 20, 1996 MCI Telecommunications Corporation (MCI) filed a petition to reject or, alternatively, to suspend and investigate Transmittal No. 2583. MCI argues that SWBT is proposing to offer one of its customers ICB prices for a service that does not meet the Commission's criteria for ICB pricing. MCI also maintains that the Commission should reject Transmittal No. 2583 because SWBT has violated Section 203 and 412 of the Communications Act, 47 U.S.C.  203 and 412, and Part 61 of the Commission's rules, 47 C.F.R. Part 61, by filing its cost support under confidential cover. In response, SWBT states that Transmittal No. 2583 involves provisioning of two ICB Services and that the cost data filed with Transmittal No. 2583 is identical to that filed in Transmittal No. 2564 which was granted confidential treatment. 3.Sections 0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R.  0.453(j) and 0.455(b)(11), provide that material filed in support of tariff revisions are to be publicly available. SWBT, however, has filed a request for confidential treatment of its tariff support material filed in Transmittal No. 2583 under the requirements of Section 0.459 of the Commission's rules, 47 C.F.R.  0.459 and Exemption 4 of the FOIA, 5 U.S.C.  552(b)(4). Section 1.3 of the Commission's rules, 47 C.F.R. 1.3 provides that the Commission may, on its own motion, waive any provisions of its rules if good cause is shown. The Competitive Pricing Division finds that there is good cause to waive the Commission's rules that cost support data filed with Transmittal No. 2583 be publicly available. Therefore, on our own motion, the Competitive Pricing Division grants SWBT a waiver of Sections 0.453(j) and 0.455(b)(11) of the Commission's rules. As a result, the Transmittal No. 2583 cost support data for which SWBT sought confidentiality will not be publicly available. The Division grants this waiver for the limited purpose of reviewing this transmittal. 4.We have reviewed the transmittal filed by SWBT and all the associated pleadings. We conclude that no compelling argument has been presented that the tariff is patently unlawful and warrants rejection, and that an investigation of this transmittal is not warranted at this time. 5.Accordingly, IT IS ORDERED that, pursuant to Section 0.291 and 1.3 of the Commission's rules, 47 C.F.R.  0.291, 1.3, for the purposes of this proceeding, Sections 0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R. 0.453(j), 0.455(b)(11), ARE WAIVED. 6.IT IS FURTHER ORDERED that the petition to reject or suspend and investigate SWBT Tariff F.C.C. No. 73, Transmittal No. 2583 filed by MCI Telecommunications Corporation IS DENIED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Chief, Competitive Pricing Division Common Carrier Bureau