******************************************************** 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 In the Matter of ) ) St. Joseph Telephone & Telegraph Company) Transmittal No. 6 Tariff F.C.C. No. 1 ) ) Ogden Telephone Company ) Transmittal No. 13 Tariff F.C.C. No. 2 ) ) Petitions for Waiver ) CC Docket No. 91-35 ORDER Adopted: October 22, 1997 Released: October 22, 1997 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. On October 8, 1997, St. Joseph Telephone & Telegraph Company (St. Joseph) filed the above transmittal to offer originating line screening (OLS) services. This transmittal, filed on 15 days' notice, is scheduled to become effective October 23, 1997. For the same purpose, Ogden Telephone Company (Ogden) filed the above transmittal on October 10, 1997. Ogden's transmittal, filed on 45 days' notice, is scheduled to become effective October 23, 1997. Both St. Joseph and Ogden filed these transmittals pursuant to Commission Orders requiring local exchange carriers (LECs) to make OLS services available under their federal tariffs and, in some instances, extending the filing deadlines for such tariff revisions. Because St. Joseph and Ogden filed their transmittals after the October 1, 1997, deadline established in the July Extension Order, both LECs have petitioned for waiver of that deadline. We have received no petitions or other objections to either transmittal. For the reasons described below, we grant each of these petitions. 2. In its petition, St. Joseph explains that it chose to provide OLS service through its existing line information database (LIDB) system but that it could not tariff the new service before October 1, 1997, as required by the July Extension Order, because it had not yet received confirmation from Illuminet, Inc. (Illuminet), its LIDB provider, that its LIDB system had been sufficiently modified to provide that service. St. Joseph states it did not receive such confirmation until the afternoon of October 1, 1997, by which time it could no longer arrange filing of the tariff revisions that same day to meet the deadline. As indicated above, St. Joseph filed those tariff revisions on October 8, 1997. St. Joseph contends there has been no harm to the public as a result of this delay because no request for OLS service has been received by St. Joseph or any of its affiliated local exchange carriers. 3. Like St. Joseph, Ogden explains that it plans to provide OLS service through its existing LIDB system and that it was prepared to file the necessary tariff revisions by the October 1 deadline. Ogden contends that it was not able to meet that deadline because it had not yet received confirmation from Illuminet, its LIDB provider, that all technical issues had been resolved and that the new service was available on its network. Ogden states that it received the necessary confirmation from Illuminet on October 9, 1997, and, as indicated above, filed the necessary tariff revisions on October 14, 1997. Also, like St. Joseph, Ogden declares that it has not received any requests for the provision of OLS services. 4. The Commission may waive any provision of its rules or orders if "good cause" is shown. The standard of good cause requires the petitioner to demonstrate that special circumstances warrant deviation from the rules or orders and that such deviation would serve the public interest. More particularly, in the OLS Services Order, the Commission declared that a LEC could obtain a temporary waiver of the requirement to provide OLS services if it demonstrates that it would not be technically feasible to provide these services. We find that St. Joseph and Ogden have each demonstrated that it was not technically feasible for them to provide these services by the October 1 deadline and that, as soon as it became feasible to do so, both carriers filed the necessary tariff revisions. In view of the lack of demand for these services from these two LECs, the efforts of these small LECs to comply with the technical and tariff requirements of the applicable orders, the absence of any objections to these transmittals, and the other information included in their petitions, we find the circumstances warrant relief from the October 1 deadline imposed in the July Extension Order and that such deviation from the requirements of that Order would serve the public interest. 5. Accordingly, IT IS ORDERED that the petitions of St. Joseph Telephone & Telegraph Company and Ogden Telephone Company for waiver of the October 1, 1997, deadline established in the July Extension Order for the filing of originating line screening services tariffs ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Chief, Competitive Pricing Division Common Carrier Bureau