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                            Before the
                FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C.


    In the Matter of)
     )
  Petition of Southwestern Bell)
     Telephone Company)
   for Waiver of Section 69.4 )
   of the Commission's Rules)



                   MEMORANDUM OPINION AND ORDER

  Adopted:  December 19, 1996       Released:  December 20, 1996

By the Chief, Common Carrier Bureau:

      1.Southwestern Bell Telephone Company (SWB) has on file a petition requesting
the Commission waive section 69.4 of the Commission's rules to permit it to establish a new
switched access rate element for Originating Line Screening (OLS) service.

      2.AT&T,  Sprint, MCI, and Elkhart Telephone Company filed comments that
generally oppose SWB's petition.  AT&T argues that SWB has failed to demonstrate special
circumstances justifying a waiver of the Commission's rules or that such a waiver would be in
the public interest.  Sprint argues that the issues raised in the SWB waiver petition should be
resolved through a rulemaking proceeding rather than through the waiver process.  AT&T argues
that SWB's proposed OLS service, which utilizes LIDB technology, is less efficient and more
costly than the existing processes, which include AT&T's Customer Account Record Exchange
database system.  MCI, Sprint, and Elkhart argue that SWB's proposed tariff is unclear and
potentially discriminatory.  MCI, AT&T, and Sprint argue that SWB has failed to explain
adequately how it will charge for its OLS service.  Elkhart is concerned that SWB is attempting
through this waiver petition to charge Elkhart for certain costs related to the joint provision of
Signaling System 7 service by SWB and Elkhart to interexchange carriers (IXCs).  Elkhart
argues that under the Commission's rules, these charges should be assessed on IXCs.

      3.After SWB filed its waiver petition, the Commission required local exchange
carriers (LECs) -- including SWB -- to tariff OLS services.  Although the OLS Order did not
prescribe any specific rate elements, we find that the OLS Order authorizes LECs to establish
new switched access rate elements for the OLS services that they are required to offer through
interstate tariffs.  Because the OLS Order requires that SWB tariff OLS services, we conclude
that SWB's petition is now moot.  Therefore, we will dismiss SWB's petition.  In addition, we
note that although our dismissal terminates this proceeding, issues raised in opposition to SWB's
petition have been considered in the OLS proceeding or are being considered in either MCI's
petition for clarification of the OLS Order, or in the formal complaint that Elkhart filed against
SWB.  Therefore, we decline to address in this Order the arguments raised in opposition to
SWB's petition.

      4.Accordingly, IT IS ORDERED that the petition for waiver filed by Southwestern
Bell Telephone Company IS DISMISSED as moot.


     FEDERAL COMMUNICATIONS COMMISSION


     Regina M. Keeney
     Chief, Common Carrier Bureau