$// Public Notice; NYNEX; Bell Atlantic; Trans. No. 376; DA 95-1351 //$ 
$/ Section 0.291 Delegated Authority /$
TRANSMITTED FOR FCC RECORD ONLY
                                                                                                   DA 95-1351




 

                                                                                                    June 15, 1995


COMMISSION APPLIES "PERMIT BUT DISCLOSE" EX PARTE RULES TO FORMAL
COMPLAINT FILED BY RCI LONG DISTANCE, INC. (E-94-69) AGAINST NYNEX
TELEPHONE COMPANIES AND BELL ATLANTIC AND TO NYNEX TARIFF
PROCEEDING (NYNEX TRANSMITTAL NO. 376)


The Commission has before it a tariff proceeding involving a petition to reject or suspend and
investigate NYNEX Transmittal No. 376 filed by Frontier Communications International, Inc.
(Frontier) and a petition to suspend and investigate Transmittal No. 376 filed by MCI
Telecommunications Corporation (MCI).  The tariff proceedings raise issues concerning the
lawfulness of the tariff filed by NYNEX to introduce a separate nonrecurring charge, applicable
only to public pay telephones, for change in a public payphone owner's presubscription to a
primary interexchange carrier (PIC).  For ex parte purposes, a tariff proceeding that has not
been set for investigation is an exempt proceeding under Section 1.1204 (a)(6) of the
Commission's rules, 47 C.F.R.  1.1204 (a)(6).

On June 20, 1994, RCI Long Distance, Inc. (RCI) (now known as Frontier), filed a formal
complaint, E-94-69, against New York Telephone Company and New England Telephone and
Telegraph company (collectively, NYNEX) and Bell Atlantic-Washington, Bell Atlantic-
Maryland, Bell Atlantic-Virginia, Bell Atlantic-Delaware, Bell Atlantic-New Jersey, and Bell
Atlantic-Pennsylvania (collectively, Bell Atlantic) challenging the lawfulness of NYNEX's and
Bell Atlantic's procedures for processing PIC presubscription changes for public pay telephones.
Unlike the pending tariff proceeding, however, the formal complaint proceeding for ex parte
purposes has been restricted as specified in Subsection 1.1208 (c)(1)(i)(B) of the rules, 47
C.F.R.  1.1208 (c)(1)(i)(B).

Upon review of the tariff proceeding and formal complaint, we conclude that they are
substantially interrelated because they share common issues.  In both proceedings, Frontier/RCI
alleges, among other things, that NYNEX's system for processing presubscription changes for
public pay telephones is inconsistent with the Commission's rules regarding PIC presubscription
to public pay telephones.  

Accordingly, we believe that the public interest in expeditiously resolving the issues raised by
the tariff proceeding would best be served by ensuring that the tariff proceeding and related
discussions continue with a minimum of disruption during the pendency of the formal complaint. 
Because the tariff and the complaint proceedings involve common issues, we believe that this
interest must be balanced against the public interest in maintaining the formal complaint process
as an adjudicatory system while promoting resolution of all complaints.  In balancing these
interests, the Bureau finds, pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R.
 1.1200(a), that in this particular proceeding the public interest would be served by making
applicable to both the tariff and the formal complaint proceeding the "permit but disclose" ex
parte procedures in Section 1.1206 of the rules, 47 C.F.R.  1.1206 that are applicable to
nonrestricted proceedings.  These procedures permit interested parties to make ex parte
presentations to the Commission decisionmakers but require that these presentations be disclosed
in the record of the relevant proceeding.  Written ex parte communications must be filed with
the Secretary while oral ex parte communications must be summarized in writing and copies of
the written summaries filed with the Secretary (with a copy to the person or persons with whom
the communication was made).  All ex parte filings must also reference the appropriate file
number or numbers.

      Therefore, as of the release date of this Public Notice, all parties making ex parte
presentations in either proceeding shall file any written ex parte presentations and summaries of
any oral ex parte presentations in both the tariff proceeding and the formal complaint
proceeding, File No. E-94-69, in accordance with the procedures applicable to non-restricted
proceedings set forth in Section 1.1206(a), 47 C.F.R.  1.1206.   

      Copies of the Frontier/RCI complaint and any subsequently filed documents in both of
these proceedings, including ex parte materials, may be obtained from International
Transcription  Services, Inc., (ITS), Suite 140, 2100 M Street, N.W., Washington, DC 20037,
(202) 837-3800 or at 1250 23rd Street, N.W., Plaza Level, Washington, D.C. 20037.  The
telephone number for ITS is (202) 837-3800.

      For further information, contact Wallett Rogers at (202) 418-0960 regarding the formal
complaint or Jane Gross at (202) 418-1520 regarding NYNEX Transmittal No. 376.


      By the Chief, Tariff Division and the Acting Chief, Enforcement Division.

                  FEDERAL COMMUNICATIONS COMMISSION