News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974). Report No. IN 98-54 INTERNATIONAL ACTION October 5, 1998 COMMISSION REAFFIRMS THAT AT&T IS NON-DOMINANT FOR INTERNATIONAL SERVICES (CC Docket No. 79-252) In a reconsideration order released today, the Commission reaffirmed that AT&T lacked market power and was non-dominant in the international telecommunications services market. As a non-dominant carrier, AT&T is not subject to price caps and can file tariffs on one day's notice, actions that the Commission found would promote competition and benefit consumers of international telephone services. The Commission noted that the petitioners (MFS, Sprint, MCI and WorldCom) did not present any evidence to contradict the Commission's prior findings, set forth in its original 1996 order finding AT&T non-dominant, that residential customers were highly responsive to price signals and likely to switch carriers if AT&T raised prices. As evidence of the growing competition in the international services market, the Commission noted several factors. First, AT&T's overall market share has continued to fall: from 98.5 percent in 1985, to 72.7 percent in 1991, to 59 percent in 1994, to 49.3 percent in 1996. Second, multiple U.S. carriers have operating agreements to all but the smallest International Message Telephone Services (IMTS) markets and, thus, are able to compete much more easily than a decade ago. Third, with the World Trade Organization (WTO) Basic Services Telecommunications Agreement now in place, AT&T's competitors are able to obtain operating agreements from new entrants as well as incumbent carriers in WTO countries. The Commission also declined to regulate AT&T's Unisource partners (such as Telia, Swisscom, and KBN (Netherlands)) as affiliated dominant carriers on particular routes. The Commission found that non-equity partners, such as those in AT&T's alliance with Unisource, have a greater financial incentive to serve all carriers on the same terms than to discriminate against another partner's competitors. The Commission noted that, as a further safeguard, the International Settlements Policy (ISP), "No Special Concessions" rule, and circuit status and traffic reporting requirements protect U.S. carriers from potential discrimination in favor of AT&T. The Commission also noted that, because the AT&T/Unisource partnership was providing entirely intra-European services, it lacked jurisdiction to regulate the partnership. Action by the Commission September 30, 1998, by Order (FCC 98-253). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500. International Bureau contact: Sherille Ismail at (202) 418-2792. NEWS