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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CC Docket No. 97-250 Tariffs Implementing Access Charge Reform) MEMORANDUM OPINION AND ORDER Adopted: January 23, 1998 Released: January 23, 1998 By the Deputy Chief, Competitive Pricing Division, Common Carrier Bureau: I. INTRODUCTION 1. On December 30, 1997, the Common Carrier Bureau (Bureau) initiated an investigation into the provisions contained in incumbent local exchange carrier (LEC) access charge reform tariffs. At that time, the Bureau stated that an order designating specific issues for investigation would be issued separately. On January 20 and January 22, 1998, eleven LECs filed fourteen transmittals to revise their tariffs. We have no record of the receipt of any petitions filed against these transmittals to date. II. DISCUSSION 2. These fourteen transmittals raise the same issues as those identified in the Access Charge Reform Tariffs Suspension Order regarding implementation of: (1) the Access Charge Reform Order; (2) the Commission's order concluding the 1997 access tariff investigation; (3) the Commission's order reapportioning General Support Facilities investment and expenses; and (4) the new universal service support mechanisms. Therefore, we suspend each of these fourteen transmittals for one day, following the effective date, and make these transmittals subject to the investigation initiated in the Access Charge Reform Tariffs Suspension Order. The specific issues that will be the subject of the consolidated investigation will be identified in the designation order in this proceeding, and may include, but are not limited to, the issues identified in the Access Charge Reform Tariffs Suspension Order. 3. The rates that are the subject of this suspension order may be subject at the conclusion of the investigation to the special, two-way adjustment mechanism described in the Access Charge Reform Tariffs Suspension Order, for the reasons stated therein. We therefore put customers on notice that any revised rates provided in the fourteen transmittals suspended for one day by this order are provisional rates. If these provisional rates are found at the conclusion of the investigation initiated by the Access Charge Reform Tariffs Suspension Order to be below a just and reasonable level, we may allow carriers prospectively to charge higher rates for some elements to reflect the fact that they were charging less than would have been permitted for those elements during the pendency of the investigation. If these provisional rates are found at the conclusion of the investigation initiated by the Access Charge Reform Tariffs Suspension Order to be above those permitted by our rules, and thus unreasonably high, we may require the LECs to make refunds to their customers. It is also possible that, in some cases in which the same customer has paid both charges that were found to be too high and charges that were found to be too low, refunds could be offset by amounts allowed for recoupment. III. EX PARTE REQUIREMENTS 4. This consolidated investigation is a permit-but-disclose proceeding and subject to the permit-but-disclose requirements under Section 1.1206(b) of the rules, 47 C.F.R.  1.1206(b), as revised. Persons 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), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b), as well. IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to Section 204(a) of the Communications Act of 1934, as amended, 47 U.S.C.  204(a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that the tariff revisions filed by Aliant Communications Company, Ameritech Operating Companies, Bell Atlantic Operating Companies, Cincinnati Bell Telephone Company, Citizens Telecommunications Companies, The NYNEX Telephone Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Puerto Rico Telephone Company, Southwestern Bell Telephone Company, and U S West Communications, Inc. ARE SUSPENDED for one day from the effective date and an investigation of the referenced tariff transmittals IS INSTITUTED AND CONSOLIDATED in CC Docket No. 97- 250. 6. IT IS FURTHER ORDERED that each local exchange carrier required to suspend its tariff revisions for one day pursuant to this Order SHALL FILE, within five business days of the release date of this Order, tariff revisions to reflect the one day suspension from the currently scheduled effective date of January 24, 1998. The carriers should cite the DA number of the instant Order as the authority for this filing. 7. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 204(a) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 204(a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that Aliant Communications Company, Ameritech Operating Companies, Bell Atlantic Operating Companies, Cincinnati Bell Telephone Company, Citizens Telecommunications Companies, The NYNEX Telephone Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Puerto Rico Telephone Company, Southwestern Bell Telephone Company, and U S West Communications, Inc. SHALL KEEP ACCURATE ACCOUNT of all amounts received by reason of the provisions that are the subject of this investigation. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Deputy Chief, Competitive Pricing Division Common Carrier Bureau