PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-1109 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: June 11, 1998 PROCEDURES ESTABLISHED FOR RESOLUTION OF PRIMARY JURISDICTION REFERRALS BY THE U. S. DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN AT&T CORP. et al. v. U S WEST COMMUNICATIONS, INC., AND BY THE U. S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN AT&T CORP. et al. v. AMERITECH CORP. On June 4, 1998, the U.S. District Court for the Western District of Washington referred to this Commission, under the doctrine of primary jurisdiction, certain issues relating to the legality under sections 271 and 251(g) of the Communications Act of a business arrangement between U S West Communications, Inc. (U S West) and Qwest Communications Corporation (Qwest). AT&T Corp. et al. v. U S West Communications, Inc., No. C98-634WD, slip op. at 6 (W.D. Wash. June 4, 1998). On June 9, 1998, the U.S. District Court for the Northern District of Illinois also referred certain issues involving a similar arrangement between Ameritech Corporation (Ameritech) and Qwest for the Commission's determination in the first instance. AT&T Corp. et al. v. Ameritech Corp., No. 98 C 2993, slip op. at 12 (N.D. Ill. June 9, 1998). In this Public Notice, we establish procedures and timetables for an expedited resolution of the issues referred to the Commission. We conclude that such resolution will best be achieved in the context of formal complaint proceedings pursuant to section 208 of the Act, where the parties to the district court proceedings will have a full and fair opportunity to present evidence and arguments to support their respective claims and requests for relief. See 47 U.S.C.  4(i)-(j), 208. Therefore, to facilitate the Commission's resolution of these matters, the plaintiffs to the Washington court proceeding should file and serve a section 208 complaint against the defendant U S West, and the plaintiffs to the Illinois court proceeding should file and serve a section 208 complaint against the defendant Ameritech. The Commission's procedures for processing formal complaints are set forth in sections 1.720 - 1.736 of the rules. 47 C.F.R.  1.720 - 1.736. In addition, the Commission authorized modifications to these procedures when warranted on a case-specific basis. Amendment of Rules Governing Procedures to be Followed When Formal Complaints Are Filed Against Common Carriers, 12 FCC Rcd 22497, 22499 (1997). Because the referral orders issued by the courts contemplate expedited action by the Commission, and because the parties to the district court proceedings previously briefed their legal and factual claims before the courts, we conclude that modified procedures are necessary and appropriate in this case. The modified procedures are as follows. First, plaintiffs shall file and serve their complaint(s) as specified in section 1.735 of the Commission's rules, as amended. 47 C.F.R.  1.735. We encourage plaintiffs in each of the court proceedings to consider the benefits of filing a consolidated complaint with the Commission in lieu of separate complaint actions. Plaintiffs shall include as attachments to the complaints the complete record filed in the related court proceedings. The plaintiffs also shall, as necessary, promptly seek from the court permission to amend any protective order entered in those proceedings, to permit them to file materials with the Commission that may have been submitted to the court under seal. Second, upon service of the complaints as prescribed above, the defendants U S West and Ameritech shall have ten (10) calendar days from the date of such service to file and serve answers to the complaints in the manner prescribed under section 1.734 of the Commission's rules, as amended. 47 C.F.R.  1.734. Plaintiffs may file replies to the defendants' answers within three (3) calendar days after receipt of the defendants' answers to the complaints. Third, the court in AT&T v. U S West granted the plaintiffs' request for preliminary injunction against U S West preserving the status quo pending action by the Commission on the referral issues. U S West Order, slip op. at 6. The court in AT&T v. Ameritech did not issue a preliminary injunction; the court's referral order, however, expressly contemplates that the Commission may entertain requests by the plaintiffs for interim relief. Ameritech Order, slip op. at 11-12. The Commission's rules specifically contemplate requests for interim relief in section 208 complaint proceedings. Amendment of Rules Governing Procedures to be Followed When Formal Complaints Are Filed Against Common Carriers, 12 FCC Rcd at 22565-66. See also United States v. Southwestern Cable Co., 392 U.S. 157, 181 (1968). In the event that a request for interim relief in the form of a "stand-still" order is filed by any of the plaintiff(s) to the AT&T v. Ameritech proceeding, the requesting party shall also include full legal and factual support for the relief requested. The defendant, Ameritech, shall have two (2) business days from service of any such request to file its opposition. The plaintiff(s) shall have two (2) business days to reply to any such opposition. In establishing the time limitations for filing pleadings in these complaint proceedings, we waive the computation of time requirements in section 1.4 of the Commission's rules. 47 C.F.R.  1.4. Upon receipt of a formal complaint(s), the Bureau will issue a public notice stating specific filing dates. Based on our preliminary assessment of the issues referred by the courts, we do not contemplate that discovery or additional briefs will be permitted in these referral proceedings, either with respect to the merits of the complaints or any request for interim relief. We note, however, that the Commission, in its discretion, may consider hearing oral arguments en banc regarding the issues raised in the U S West and Qwest and Ameritech and Qwest arrangements. Finally, parties are reminded that formal complaint proceedings are restricted under section 1.1208 of the Commission's rules, 47 C.F.R.  1.1208. Ex parte presentations in such proceedings are prohibited. Questions regarding this Public Notice may be directed to Diane Griffin Harmon of the Enforcement Division, Common Carrier Bureau, at (202) 418-0960. The formal complaint materials filed pursuant to this Public Notice will be 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 Common Carrier Bureau. -FCC-