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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 DA 98-2620 In the Matter of ) ) Investigation of Alascom, Inc., ) CC Docket No. 95-182 Interstate Transport and Switching Services ) ) Alascom, Inc. ) Transmittal No. 993 Revisions to Tariff F.C.C. No. 11 ) ORDER Adopted: December 23, 1998; Released: December 23, 1998 By the Chief, Competitive Pricing Division, Common Carrier Bureau: I. INTRODUCTION 1. On October 2, 1998, Alascom, Inc. (Alascom), filed Transmittal No. 993 to revise its Tariff F.C.C. No. 11 (Tariff 11) for the dominant common carrier interexchange services that it provides in Alaska (Alaska Services). These proposed tariff revisions are scheduled to become effective January 1, 1999. These revisions would increase transport rates for Intra- Alaska Bush and Non-Bush locations; increase Bush and Non-Bush rates for Alaska/Continental United States transport services; revise switching rates for both Bush and Non-Bush locations; and make other changes in the terms and conditions for the provision of these Alaska Services. In this Order, we suspend the effectiveness of the above transmittal for one day, set it for investigation, consolidate this investigation into the investigation initiated in the Transmittal 790 Suspension Order, and impose an accounting order. 2. On October 27, 1998, ATU-Long Distance, Inc. (ATU-LD), and Alaska Network Systems, Inc. (ANS) each filed separate petitions to suspend and investigate the above transmittal. Alascom, Inc. (Alascom) responded on November 12, 1998. II. CONTENTIONS 3. ATU-LD asks the Commission to suspend the above transmittal, order an investigation, and consolidate that investigation with the previously-ordered investigations of earlier Alascom Tariff 11 transmittals. Because the above transmittal proposes only small rate changes, ATU-LD objects that Alascom "preserves" the unreasonable rate increases made in earlier transmittals. ATU-LD also objects that the current transmittal retains certain unfair terms and conditions -- such as Alascom's requirement that switching and transport services be purchased as a bundle. 4. Like ATU-LD, ANS asks the Commission to suspend the above transmittal, enter an accounting order, order an investigation, and consolidate that investigation with the pending investigation of prior Tariff 11 transmittals in CC Docket No. 95-182. ANS objects that both the rates proposed and the costs claimed in the above transmittal -- like those already included in Alascom's Tariff 11-- are not reasonable. ANS also joins ATU-LD in objecting to the continued bundling of switching and transport services. 5. Both ATU-LD and ANS urge the Commission to renew the long-standing Alascom Tariff 11 investigation. If the Commissions is deferring that investigation pending reconsideration of the Bureau Order approving Alascom's cost allocation plan, ATU-LD argues that such a small accounting matter should not be allowed to delay the entire Tariff 11 investigation. In its response to the petitions filed by ATU-LD and ANS, Alascom claims that petitioners raise the same issues that they raised in previous petitions but that Alascom would not object to a one-day suspension and inclusion of the above transmittal in the pending investigation of Tariff 11. III. DISCUSSION 6. We find that Transmittal No. 993 raises the same issues regarding rate levels, rate structures, and terms and conditions of service as those identified in the Transmittal 790 Suspension Order. For example, the proposed tariff revisions, like those in the earlier Alascom Transmittal Nos. 790, 797, 807, 852, 921, 937, 941, and 942, raise questions regarding the adequacy of Alascom's cost support and the extent to which the rates, terms, and conditions in the proposed tariff comply with the Communications Act and relevant Commission orders. We conclude, therefore, that significant questions of lawfulness have been raised concerning Alascom's Transmittal No. 993. Accordingly, we suspend the provisions of Transmittal No. 993 for one day, set those provisions for investigation, and consolidate that investigation with the investigation initiated in the Transmittal 790 Suspension Order. These rate changes will also be subject to an accounting order to facilitate any refunds that may later be necessary. Our accounting order will assure that ATU-LD, ANS, and other Tariff 11 customers will be able to receive refunds of any amounts improperly charged should the Commission ultimately determine that Alascom's tariff is unlawful. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 204(a) of the Communications Act of 1934, as amended, 47 U.S.C.  204(a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91, 0.291, the revisions to Alascom, Inc., Tariff F.C.C. No. 11 contained in Transmittal No. 993 ARE SUSPENDED for one day from its effective date and an investigation of that tariff transmittal is instituted and included in CC Docket No. 95-182. 8. IT IS FURTHER ORDERED that Alascom, Inc., SHALL FILE tariff revisions within five business days of the release date of this Order to reflect this suspension. 9. 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. Alascom should cite the "DA" number of the instant Order as the authority for this filing. 10. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 204(a) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 204(a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91, 0.291, Alascom, Inc., SHALL KEEP ACCURATE ACCOUNT of all amounts received by reason of the rates that are the subject of this investigation. 11. IT IS FURTHER ORDERED that the petitions to suspend and investigate Alascom Transmittal No. 993 filed by ATU-Long Distance, Inc., and Alaska Network Systems, Inc, ARE GRANTED to the extent indicated herein. FEDERAL COMMUNICATIONS COMMISSION Jane Jackson Chief, Competitive Pricing Division Common Carrier Bureau