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                                                                DA 98-1182 
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554


In the Matter of       )
    )
Petition for Declaratory Ruling Regarding )
AT&T's Network Interconnection Policy     )    CCBPol 95-20
    )


                                   ORDER


    Adopted:   June 18, 1998              Released:  June 19, 1998


By the Acting Deputy Chief, Common Carrier Bureau:

    1.   In this order, we dismiss without prejudice a petition for declaratory ruling
filed by New York Telephone Company and New England Telephone and Telegraph
Company (NYNEX) involving AT&T's network interconnection policies.  We conclude
that this dispute is more appropriately resolved in the context of a pending formal
complaint filed by NYNEX against AT&T. 

    2.   On November 3, 1995, NYNEX filed a petition for declaratory ruling that
AT&T's network interconnection policy violates sections 201, 202, and 203 of the
Communications Act, 47 U.S.C.  201, 202, and 203.  On November 9, 1995, the
Commission established a pleading cycle for the NYNEX petition.  The petition
concerns changes in AT&T's network interconnection policy that NYNEX alleges alter
the terms and conditions of interconnection arrangements that have existed between
AT&T and local exchange carriers since divestiture.  NYNEX states that the revised
policy requires NYNEX to deploy separate equipment to provide access services to
customers other than AT&T at each of AT&T's Points of Presence, thus prohibiting
NYNEX from using the same network equipment to provide access to all NYNEX
customers.  

    3.   On October 9, 1996, NYNEX filed a formal complaint challenging the
lawfulness of AT&T's interconnection practices under sections 201, 202, 203, and 251
of the Communications Act.  That formal complaint raises issues that are virtually
identical to the issues raised in NYNEX's petition for declaratory ruling.  Moreover, the
NYNEX complaint was filed after passage of the Telecommunications Act of 1996 and
takes into account relevant changes in the Communications Act.  

    4.   The Bureau concludes that the NYNEX complaint is the more appropriate
proceeding by which to address these issues.  We therefore dismiss without prejudice
the petition for declaratory ruling filed by NYNEX.  

    5.     Accordingly, IT IS ORDERED, pursuant to authority delegated under
Sections 0.91 and 0.291 of the Commission's rules, 47 C.F R.  0.91, 0.291, that the
petition for declaratory ruling filed by New York Telephone Company and New
England Telephone and Telegraph Company IS DISMISSED without prejudice to the
petitioner.

    FEDERAL COMMUNICATIONS
COMMISSION




    Richard K. Welch
    Acting Deputy Chief 
    Common Carrier Bureau