PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-1937 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 23, 1998 COMMON CARRIER BUREAU SEEKS COMMENT ON SOUTHWESTERN BELL TELEPHONE COMPANY, PACIFIC BELL, AND NEVADA BELL'S PETITION FOR EXPEDITED DECLARATORY RULING ON INTERSTATE INTRALATA TOLL DIALING PARITY, OR IN THE ALTERNATIVE, VARIOUS OTHER RELIEF File No: NSD-L-98-121 Pleading Cycle Established COMMENTS: October 7, 1998 REPLY COMMENTS: October 14, 1998 On September 18, 1998, Southwestern Bell Telephone Company, Pacific Bell, and Nevada Bell ("SBC LECs") filed a petition requesting a declaratory ruling, pursuant to 47 C.F.R.  1.2, that there is no current obligation to implement interstate intraLATA toll dialing parity for interstate intraLATA toll calls on February 8, 1999. The SBC LECs do not believe that such an obligation exists under current FCC rules in light of the Eighth Circuit's decision to vacate the Commission's intrastate, intraLATA dialing parity rules in California v. FCC, 124 F. 3d 934 (8th Cir. 1997), cert. granted AT&T v. Iowa Utils. Bd., 118 S. Ct. 879 (1998). Petitioners state that the effect of that decision undercuts the very legal and factual bases for the intraLATA toll dialing parity rules adopted by the FCC in the Local Competition Second Report and Order, 11 FCC Rcd 19392 (1996). In that order the FCC promulgated rules to require local exchange carriers ("LECs") to provide dialing parity to competing providers of telephone exchange service and telephone toll service. See 47 U.S.C.  251(b)(3); 47 C.F.R.  51.209 - 51.215. Under those rules, the SBC LECs were generally to implement intraLATA toll dialing parity using a full 2-PIC methodology no later than February 8, 1999, pursuant to plans approved by the respective State commissions in which the SBC LECs operate. In the alternative, the SBC LECs request that, pursuant to 47 C.F.R.  1.3, the Commission waive or suspend the application of its interstate intraLATA toll dialing parity rules for the SBC LECs until the conclusion of the Supreme Court's consideration of California v. FCC. Petitioners state that such a waiver or suspension would clearly be in the public interest and that implementing interstate intraLATA toll dialing parity in advance of intrastate intraLATA toll dialing parity is fraught with numerous practical and timing issues in light of on-going events, and especially with respect to the severe consumer confusion that SBC LECs argue will otherwise ensue as described in the petition. Interested parties may file comments concerning this matter on or before October 7, 1998, and reply comments on or before October 14, 1998. All filings must reference File No. NSD-L- 98-121 and should be sent to Magalie Roman Salas , Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Two copies should also be sent to Al McCloud, Network Services Division, 2000 M Street, N.W., Room 235, Washington, D.C. 20554. This is a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C.F.R.  1.1200-1.1216. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non-restricted proceedings. 47 C.F.R.  1.1206. Parties 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 presentations are set forth in Section 1.1206(b) as well. Parties are to file with the Commission Secretary, Magalie Roman Salas, 1919 M Street, N.W., Room 222, Washington, D.C. 20554, and serve Al McCloud of the Common Carrier Bureau, Network Services Division, 2000 M Street, N.W., Room 235, Washington, DC 20554, and International Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20036, with copies of any written ex parte presentations in these proceedings filed in the International Transcription Service (ITS), 1231 20th Street, N.W., Washington, D.C., 20036, (202) 857-3800. Documents are also available for review and copying at the Network Services Division Reference Center, Room 220, 2000 M Street, N.W., Washington, D.C., Monday through Thursday, from 8:30 a.m. to 12:30 p.m. and 1:30 p.m. to 3:00 p.m., (202) 418-2325. For further information contact Gregory Cooke of the Common Carrier Bureau, Network Services Division, at (202) 418-2320. The TTY number is (202) 418-0484. -FEDERAL COMMUNICATIONS COMMISSION-