PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 97-2484

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov

                                     Released:  November 25, 1997
  
 EX PARTE PROCEDURES ESTABLISHED FOR FORMAL COMPLAINT FILED BY
      AT&T CORPORATION AGAINST BELL ATLANTIC CORPORATION 
                       (FILE NO. E-98-05)
                                
     AT&T Corporation (AT&T) filed a formal complaint, File No. E-98-05, against Bell Atlantic
Corporation (Bell Atlantic) on November 5, 1997.  In its complaint, AT&T alleges, inter alia, that
Bell Atlantic has violated requirements set forth in the Commission's order approving the Bell
Atlantic-NYNEX merger, Applications of NYNEX Corp. Transferor, and Bell Atlantic Corp.
Transferee For Consent to Transfer Control of NYNEX Corp. and Its Subsidiaries, Memorandum
Opinion and Order, File No. NSD-L-10 (Aug. 14, 1997) (Merger Order), by proposing recurring
and nonrecurring rates for unbundled network elements in certain states that were not developed
according to the requirement in the Merger Order that Bell Atlantic base its proposed rates on the
"forward-looking, economic cost to provide those items."  Id. at Appendix C.  The formal complaint
is a restricted proceeding for purposes of the Commission's ex parte rules.  See 47 C.F.R.
1.1208(c)(1)(i)(B).

     Bell Atlantic's obligation under the Merger Order to base its rates for interconnection,
transport and termination, or unbundled network elements on the forward-looking, economic costs
methodology requires that the Commission continue to evaluate Bell Atlantic's compliance with that
order.  The Merger Order proceeding was originally a "restricted  proceeding" for ex parte purposes,
but we modified the ex parte rules applicable to it and made it a "permit but disclose" proceeding,
subject to the disclosure requirements of Section 1.1206 of the Rules, 47 C.F.R. 1.1206.  The
Common Carrier Bureau determined that this modification would "permit a fuller exchange on the
complex and broad legal policy issues under consideration" in the proceeding.  Common Carrier
Bureau Declares Bell Atlantic-NYNEX  Transfer of Control Proceeding a "Permit-But-Disclose"
Proceeding for Ex Parte Purposes, 12 FCC Rcd 7750 (Com. Car. Bur. 1997).  Because the AT&T
complaint proceeding also raises significant and complex legal and policy issues, and because a
broader exchange of views on these issues would likewise serve the public interest, the Bureau is
hereby modifying the ex parte procedures applicable to the AT&T complaint proceeding by
reclassifying it as a "permit but disclose" proceeding subject to the disclosure requirements set forth
in Section 1.1206 of the Rules. See 47 C.F.R. 1.1200(a), 1.1206.  We remind interested persons that
if any ex parte communication is made in any other proceeding that also addresses the merits or
outcome of the AT&T complaint proceeding (File No. E-98-05), appropriate disclosure must be
made in the complaint proceeding.  47 C.F.R.  1.1206.

     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), as revised.  Other rules pertaining to
oral and written presentations are set forth in Section 1.1206(b) as well.

     Questions relating to the formal complaint may be directed to Diane Griffin Harmon of the
Enforcement Division, Common Carrier Bureau, at (202) 418-0960.  The formal complaint materials
are available for inspection and copying in the Enforcement Division, Formal Complaints and
Investigations Branch, Room 6120, 2025 M Street, N.W., Washington, DC 20554. 

     By the Acting Chief, Enforcement Division, Common Carrier Bureau.

                              -FCC-