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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. Circ 1974).
STATEMENT OF COMMISSIONER FURCHTGOTT-ROTH IN ASSOCIATION WITH MEMORANDUM OPINION AND ORDER RELEASED DECEMBER 31, 1998, CONCERNING RATE INTEGRATION RECONSIDERATION ORDER RELEASED
On December 31, 1998, the Commission released a Memorandum Opinion and
Order (FCC 98-347, CC Docket 96-61) upholding and clarifying an earlier decision in
which the Commission found that the rate integration requirements of section 254(g) of
the Communications Act apply to the interstate, interexchange services of CMRS
At that time Commissioner Harold Furchtgott-Roth voted to approve in part and concur in part in the decision and indicated he would release a separate statement at a later date. That statement follows:
COMMISSIONER HAROLD FURCHTGOTT-ROTH
I support this item's ultimate conclusion, but do have some reservations with the overall approach that the Commission has taken to this and other forbearance petitions. As Commissioner Powell explains in his statement, I am concerned that the Commission is placing too high a burden on the parties requesting forbearance relief. I believe that the Section 10 forbearance scheme requires the Commission to justify continued regulation in light of the competitive conditions in the marketplace, a burden which I believe is met here. The Commission cannot meet their section 10 statutory obligations by simply shifting the burden to petitioners to justify the forbearance requested.