******************************************************** 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. ***************************************************************** $// Suspension Order, 47 U.S.C. Sec. 204; DA 98-737 //$ $/Sec. 0.291, Del. Auth. /$ Before the FEDERAL COMM UNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) NYNEX Telephone Companies ) Revisions to Tariff F.C.C. No. 1 ) Transmittal Nos. 494, 497 ) ORDER Adopted: April 16, 1998; Released: April 16, 1998 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. On April 2, 1998, the NYNEX Telephone Companies (NYNEX) filed Transmittal No. 494 to establish special access and switched transport expanded interconnection through virtual collocation in its New York study area. Expanded interconnection enables parties to compete with local exchange carriers (LECs) by offering access services through the interconnection of their circuits with the LEC's network at a central office. Virtual collocation is a service that allows the interconnector to designate, monitor and control transmission equipment located in the LEC's central office. With virtual collocation service, the LEC owns, installs, and maintains the transmission equipment and the interconnector pays for the installation, use, and maintenance of the equipment. 2. Transmittal 494 is scheduled to take effect on April 17, 1998. On April 9, 1998, four parties filed petitions to reject or suspend and investigate Transmittal 494. NYNEX filed an opposition to those petitions on April 15, 1998. In pertinent part, the petitioners note that an investigation of other LECs' virtual collocation tariffs is pending, and argue that NYNEX's Transmittal 494 raises the same issues as the virtual collocation tariffs currently under investigation. NYNEX responds that it has supported its rates in sufficient detail to comply with the Commission's rules, and that suspension is therefore unnecessary. 3. We have reviewed Transmittal 494 and the associated petitions. We conclude that Transmittal 494 raises substantial questions of lawfulness for the same reasons that the Bureau has suspended and initiated investigations into other LECs' virtual collocation tariffs. Accordingly, Transmittal 494 will become effective following a one-day suspension. These rates will also be subject to an accounting order to facilitate any refunds that may later prove necessary. In a later Order, the Bureau will address the particular arguments raised by petitioners here, and designate specific issues for investigation. 4. Accordingly, IT IS ORDERED that the petitions to suspend and investigate NYNEX Telephone Companies' Revisions to its Tariff F.C.C. No. 1, Transmittal No. 494, filed by the Association for Local Telecommunications Services, MCI Telecommunications, Inc., Teleport Communications Group, Inc., and WorldCom, Inc., ARE GRANTED, to the extent indicated above, and otherwise ARE DENIED. 5. IT IS FURTHER ORDERED that, pursuant to Section 204(a) of the Communications Act of 1934, 47 U.S.C.  204(a), and Section 0.291 of the Commission's Rules, 47 C.F.R.  0.291, the NYNEX Telephone Companies' Revisions to its Tariff F.C.C. No. 1, Transmittal Nos. 494 and 497, ARE SUSPENDED for one day, and an investigation of the referenced tariff transmittals IS INSTITUTED. 6. IT IS FURTHER ORDERED that the NYNEX Telephone Companies SHALL FILE tariff revisions reflecting the suspension no later than five business days from the release date of this Order. 7. IT IS FURTHER ORDERED that, for these purposes, we waive Sections 61.58 and 61.59 of the Commission's Rules, 47 C.F.R.  61.58, 61.59. The NYNEX Telephone Companies should cite the "DA" number of the instant Order as the authority for this filing. 8. IT IS FURTHER ORDERED that, pursuant to Section 204(a) of the Communications Act of 1934, 47 U.S.C.  204(a), the NYNEX Telephone Companies shall keep accurate account of all amounts received by reason of the rates that are the subject of this investigation. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau