Report No. DC-2572 ACTION IN DOCKET CASE March 8, 1994 ONA AND NONDISCRIMINATION SAFEGUARDS TO BE APPLIED TO GTE (CC DOCKET 92-256) The Commission has determined that GTE Corporation should be subject to the same regulatory framework of Open Network Architecture (ONA) and nondiscrimination safeguards that apply to the Bell Operating Companies (BOCs). Applying these requirements to GTE will give enhanced service providers (ESPs) greater access to unbundled services, thus facilitating the provision of additional information age services and greater price competition. Under this order, GTE is required to file an ONA plan within nine months of the release of this order, file federal and state ONA tariffs three months later, and implement ONA requirements and nondiscrimination safeguards 15 months from the release of this order. The Commission said that the benefits of applying ONA and nondiscrimination safeguards to GTE substantially outweighed the costs involved. It noted that GTE is a very large company, with a number of major service areas that resemble BOC territories. The Commission also concluded that, based on the existing record, GTE's voluntary ONA measures, while commendable, should not exempt it from mandatory compliance with the BOC ONA requirements and nondiscrimination safeguards. In the Computer III and ONA proceedings, the Commission established a comprehensive regulatory framework of nonstructural safeguards, including ONA requirements and nondiscrimination safeguards, to govern the BOCs' participation in the enhanced service marketplace. The Commission said the BOC ONA regime which it is now applying to GTE generates significant public interest benefits in two major respects. By imposing special obligations on these Local Exchange Carriers (LECs) to respond to ESP needs by unbundling existing basic services and providing new basic services, ONA increases opportunities for all ESPs to develop new offerings, and facilitates efficient ESP use of the regulated local exchange network. In particular, ONA ensures that ESPs and others are able to purchase only the functionalities that they need and obtain specific basic network functions necessary to provide their services. (over) - 2 - The Commission's ONA requirements and nondiscrimination safeguards also effectively guard against discrimination by these LECs in their provision of basic services to ESPs. These protections facilitate use of the network in the provision of enhanced services, thereby increasing the availability of competitively provided enhanced services to consumers. Although the Commission initially did not require local telephone companies other than the BOCs to comply with ONA requirements and nondiscrimination safeguards, it stated that it would reconsider this situation with regard to GTE once initial ONA implementation by the BOCs was completed. After gaining substantial experience with the BOCs, the Commission has now determined that extension of these requirements to GTE is appropriate. Action by the Commission March 8, 1994, by Report and Order (FCC 94-58). Chairman Hundt, Commissioners Quello and Barrett. - FCC - News Media contact: Rosemary Kimball at (202) 632-5050. Common Carrier Bureau contact: Peggy Reitzel at (202) 632- 1300; Rose Crellin at (202) 632-1292; Claudia Pabo at (202) 632- 4049; or Jim Schlichting at (202) 632-9342.