DA 97-1666

      Released:August 4, 1997

  COMMISSION DESIGNATES PROCEEDING ON PETITION FOR DECLARATORY
       RULING FILED BY MCI TELECOMMUNICATIONS AGAINST SBC
      COMMUNICATIONS AS "RESTRICTED" UNDER EX PARTE RULES

     On June 6, 1997, MCI Telecommunications, Inc. ("MCI") filed a petition pursuant to
Section 1.2 of the Commission's rules, 47 C.F.R.  1.2, requesting that the Commission issue a
declaratory ruling that SBC Communications, Inc. ("SBC") should provide multiplexer service to
MCI under the MegaLink Custom Service rates set out in MCI Tariff F.C.C. No. 73.  MCI also
asked that the Commission declare that SBC's refusal to provide the requested multiplexer service
under the tariffed rates is an unjust and unreasonable practice in violation of Section 201(b) of the
Communications Act,  47 U.S.C.  201(b).

     While declaratory ruling proceedings are generally treated as "permit-but-disclose"
proceedings under the Commission's ex parte rules, see generally 47 C.F.R.  1.1200 et seq., the
Commission may designate a proceeding as "restricted" for ex parte purposes on a case-by-case
basis, when a petition for declaratory relief predominately concerns the rights of particular parties. 
See Amendment of 47 C.F.R.  1.1200 et seq. Concerning Ex Parte Presentations in Commission
Proceedings, GC Docket No. 95-21, Report and Order, 12 FCC Rcd ____, rel. Mar. 19, 1997. 
 Accordingly, because this proceeding involves determining the correct interpretation of a
provision of MCI's governing tariff, and turns on facts and a claim for relief specific to the two
parties, we are designating this proceeding as "restricted", as provided for by Subsection 1.1208
of the Commission's rules, 47 C.F.R.  1.1208.  As such, ex parte presentations are prohibited.

     MCI's petition and any pleadings subsequently filed in this proceeding (File No. ENF-97-
07) will be available for public inspection at 2025 M Street, NW, Room 6120, Washington, D.C.
20554.  Copies of the petition and subsequent pleadings may be obtained from International
Transcription  Services, Inc., (ITS),  1231 20th St., N.W., Washington, DC 20036, (202) 857-
3822.  

     For further information, contact Wallett B. Rogers at (202) 418-0960.

     By the Chief, Enforcement Division:

     FEDERAL COMMUNICATIONS COMMISSION