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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 98-2649 In the Matter of ) ) January 1, 1999 ) CC Docket No. 98-241 Access Charge Tariff Filings ) MEMORANDUM OPINION AND ORDER Adopted: December 30, 1998 Released: December 30, 1998 By the Chief, Competitive Pricing Division: I. INTRODUCTION 1. On December 17, 1998, local exchange carriers (LECs) filed revisions to their interstate access tariffs to become effective on January 1, 1999 ("January 1, 1999 Access Charge Tariffs"). These proposed tariff revisions reflect, among other things, the implementation of certain requirements in the Access Charge Reform Proceeding and the quarterly adjustment of the universal service contribution. On December 23, 1998, AT&T Corp. (AT&T) filed a petition to suspend and investigate or to reject the January 1, 1999 Access Charge Tariffs filed by certain LECs, including Pacific Bell Transmittal Number 2020. MCI WorldCom Inc. (MCI WorldCom) also filed a petition on that date to suspend and investigate Pacific Bell Transmittal Number 2020. On December 29, 1998, Pacific Bell filed Transmittal Number 2026, which revises Transmittal Number 2020. On the same date, SBC Communications Inc. (SBC), on behalf of Pacific Bell, filed a reply to the petitions. 2. In this Memorandum Opinion and Order, we suspend for one day and set for investigation the rates for the common line basket filed by Pacific Bell in Transmittal Numbers 2020 and 2026. II. DISCUSSION 3. In Transmittal Number 2020, Pacific Bell proposes, among other things, to correct a discrepancy in Centrex line counts between the Tariff Review Plan (TRP) Form "CAP-1" and the TRP Forms "RTE-1" that were filed with Pacific Bell's 1998 annual access tariff. This proposed correction would affect Pacific Bell's rates for the common line basket. We find that Pacific Bell's proposed correction of Centrex line counts in Transmittal Number 2020 may have resulted in an improper increase of Pacific Bell's maximum permitted common line revenues, which is a substantial question of lawfulness that warrants investigation. Although in Transmittal Number 2026, Pacific Bell proposes, among other things, to revise rates "to reflect the correct recovery of the Common Line revenue requirement," it does not further revise its Centrex line counts. Accordingly, we suspend for one day and set for investigation the rates for the common line basket filed by Pacific Bell in Transmittal Numbers 2020 and 2026. We will issue a separate order designating specific issues for investigation. III. EX PARTE REQUIREMENTS 4. This investigation is a permit-but-disclose proceeding and subject to the requirements under Section 1.1206(b) of the Commission's rules, 47 C.F.R.  1.1206(b). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R.  1.1206(b)(2). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in Section 1.1206(b) as well. IV. ORDERING CLAUSES 5. 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 and 0.291, the rates for the common line basket filed by Pacific Bell in Transmittal Numbers 2020 and 2026 ARE SUSPENDED for one day and an investigation IS INSTITUTED. 6. IT IS FURTHER ORDERED that, pursuant to Sections 204(a) and 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  204(a), 154(i) and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, Pacific Bell SHALL KEEP ACCURATE ACCOUNT of all amounts received that are associated with the rates that are subject to this investigation. 7. IT IS FURTHER ORDERED that Pacific Bell SHALL FILE a supplement advancing the currently scheduled effective date to December 31, 1998, and at the same time file a supplement reflecting the one day suspension to January 1, 1999. 8. IT IS FURTHER ORDERED that Pacific Bell SHALL FILE these supplements no later than five business days from the release date of this Order. 9. IT IS FURTHER ORDERED that for this purpose, we waive Sections 61.58 and 61.59 of the Commission's rules, 47 C.F.R.  61.58, 61.59. Pacific Bell should cite the "DA" number of the instant Order as the authority for this filing. 10. IT IS FURTHER ORDERED that the petitions to suspend and investigate or to reject the January 1, 1999 Access Charge Tariffs ARE GRANTED to the extent indicated herein and otherwise ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau APPENDIX A Filings made by Price Cap Carriers December 17, 1998 Aliant Communications Company Transmittal No. 24 Ameritech Operating Companies Transmittal No. 1182 Bell Atlantic Operating Companies Transmittal No. 1096 BellSouth Telecommunications, Inc. Transmittal No. 489 Cincinnati Bell Telephone Company Transmittal No. 30 Citizens Telecommunications Companies Transmittal No. 55 Frontier Communications of Minnesota and Iowa Transmittal No. 18 Frontier Communications of Rochester Transmittal No. 13 GTE System Telephone Companies Transmittal No. 270 GTE Telephone Operating Companies Transmittal No. 1188 Nevada Bell Transmittal No. 262 New York Telephone Company Transmittal No. 1182 NYNEX Telephone Companies Transmittal No. 533 Pacific Bell Transmittal No. 2020 Southern New England Telephone Transmittal No. 720 Southwestern Bell Telephone Company Transmittal No. 2740 Sprint Local Telephone Companies Transmittal No. 70 U S West Communications, Inc. Transmittal No. 961 December 29, 1998 Nevada Bell Transmittal No. 263 Pacific Bell Transmittal No. 2026 Southwestern Bell Telephone Company Transmittal No. 2741 Filings made by Rate of Return Carriers December 17, 1998 Alltel Telephone Services Corporation Transmittal No. 66 Anchorage Telephone Utility Transmittal No. 100 Arkansas Telephone Company Transmittal No. 5 CenturyTel Operating Companies Transmittal No. 6 CFW Telephone, Inc. Transmittal No. 8 Chariton Valley Telephone Corporation Transmittal No. 3 Contoocook Valley Telephone Company Transmittal No. 5 DeKalb Telephone Company Transmittal No. 2 Etex Telephone Cooperative Transmittal No. 3 Fidelity Telephone Company Transmittal No. 2 GTC, Inc. Transmittal No. 5 GVNW Transmittal No. 157 ICORE Transmittal No. 16 Illinois Consolidated Telephone Company Transmittal No. 103 John Staurulakis, Inc. (JSI) Transmittal No. 34 Lexcom Telephone Company Transmittal No. 1 Lufkin-Conroe Telephone Exchange, Inc. Transmittal No. 41 National Exchange Carrier Association Transmittal No. 816 Puerto Rico Telephone Company Transmittal No. 33 Roseville Telephone Company Transmittal No. 62 South Central Telephone Corporation Transmittal Nos. 3 & 4 Telephone Utilities Exchange Carrier Association Transmittal No. 156 Townes Telecommunications, Inc. Transmittal No. 8 Tri-County Telephone Association Transmittal No. 3 Virgin Islands Telephone Corporation Transmittal No. 38 Vista-United Telecommunications Transmittal No. 30 December 29, 1998 Alltel Telephone Services Corporation Transmittal No. 67 National Exchange Carrier Association Transmittal No. 818 APPENDIX B Petitions The following parties filed petitions against the January 1, 1999 Tariff Filings. Petitions were filed on December 23, 1998. AT&T Corp. MCI WorldCom Inc. Replies SBC Communications Inc. filed a reply to the petitions on December 29, 1998.