******************************************************** 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 ) ) Billed Party Preference for ) CC Docket No. 92-77 InterLATA 0+ Calls ) ORDER Adopted: October 29, 1998; Released: October 30, 1998 By the Chief, Enforcement Division, Common Carrier Bureau: 1. In its Second Report and Order in this proceeding, the Commission adopted rules, generally effective July 1, 1998, applicable to carriers providing interstate operator services, particularly non- access code calls from aggregator locations and from phones set aside for use by prison inmates. The Commission stated that it was prepared to consider waiver requests on a specific factual showing of good cause. Thereafter, a number of petitioners, including McLeodUSA Telecommunications Services, Inc., Consolidated Communications Telecom Services, Inc., Consolidated Communications Public Services, Inc., and Consolidated Communications Operator Service, Inc. (McLeodUSA) sought certain limited waivers or extensions of time to come into compliance with these rules. On June 30, 1998, the Common Carrier Bureau (the Bureau) granted McLeodUSA, among others, a four-month extension of time until November 1, 1998, to come into compliance with the new rules, and until January 1, 1999, to do so with respect to collect call and inmate operator services. 2. On October 16, 1998, McLeodUSA filed with the Commission a petition for an additional extension of the compliance date to January 1999. In its Petition, McLeodUSA states that it needs additional time to fully implement and test its new system to ensure that the software works properly, does not disrupt its network, and guarantees customer satisfaction. 3. Waiver of the Commission's rules is appropriate only if special circumstances warrant a deviation from the general rule, and such a deviation will serve the public interest. In its order granting certain limited waivers, the Bureau noted that "the Commission adopted the original July 1, 1998 effective date because it found that it was in the public interest to provide protection for consumers as soon as possible in the area of operator services." The Bureau stated that it "will not hesitate to enforce the Commission's rules to the fullest extent should carriers fail to comply with extended compliance dates." The Bureau further stated that if petitioners, including McLeodUSA, should need additional time to implement actual rate quotation systems, they could comply with the oral rate disclosure requirement "by delivering maximum rate quotations rather than actual rate quotations obtained from the rate database." We find that McLeodUSA has not shown special circumstances that warrant a further extension of the date by which its interstate, non-collect operator services from aggregator locations must comply with the provisions of Section 64.703(a)(4) of the Commission's Rules. 4. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), Section l.3 of the Commission's rules, 47 C.F.R.  1.3, and the 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 Extension of Waiver, jointly filed by McLeodUSA Telecommunications Services, Inc., Consolidated Communications Telecom Services, Inc., Consolidated Communications Public Services, Inc., and Consolidated Communications Operator Services, Inc. on October 16, 1998, IS DENIED. 5. IT IS FURTHER ORDERED that this Order is effective upon its adoption. FEDERAL COMMUNICATIONS COMMISSION Dorothy T. Attwood Chief, Enforcement Division Common Carrier Bureau