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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 ) ) BellSouth Plan for Comparably Efficient) Interconnection for Gateway Services ) CCBPol 97-10 ) BellSouth Plan for Comparably Efficient) Interconnection for Synchronous Protocol) Processing Services ) ORDER Adopted: May 19, 1998 Released: May 19, 1998 By the Deputy Chief, Common Carrier Bureau: I. INTRODUCTION 1. On August 26, 1997, BellSouth Corporation, on behalf of BellSouth Telecommunications, Inc. (BellSouth), filed an amendment to its comparably efficient interconnection (CEI) plans for gateway services and synchronous protocol processing services to add "DataReach Service" to the list of basic services that BellSouth may use in the offering of enhanced services covered by the two plans. In these CEI plan amendments, BellSouth requests a limited waiver of the Commission's requirement for federal tariffing of CEI services until BellSouth receives authority from the Commission to make such tariff filing. For the reasons discussed below, we approve BellSouth's CEI plan amendment to add DataReach Service to its CEI plans for gateway services and synchronous protocol processing services, and we grant BellSouth's request for an interim waiver of the CEI requirement for federal tariffing of DataReach Service. II. BACKGROUND 2. On December 8, 1995, BellSouth filed a petition for expedited waiver of the Commission's Part 69 rules, 47 C.F.R. Part 69, "to establish switched rate elements to support tariffs for applications which BellSouth intends to develop utilizing capabilities being made available by [BellSouth's open AIN platform]," which itself was also a subject of the Part 69 waiver request. In its 1997 Waiver Request, BellSouth seeks an interim waiver of the Commission's requirement for federal tariffing of CEI services until the Commission acts on its earlier-filed request. BellSouth notes that as a result of the Commission's access charge exemption for enhanced service providers (ESPs), state-tariffed DataReach Service is thus available to all other unaffiliated ESPs for both their interstate and intrastate needs. BellSouth further argues that because of the exemption, "it is unlikely that ESPs will buy the service out of the federal tariff even when available. Thus, waiver of the federal tariffing requirement pending a grant of the [1995 Waiver Request] would cause no harm to anyone because it would not operate to deprive them of a service they otherwise expect or need. Rather, it would merely permit BellSouth to use the same array of services that are available to others." BellSouth states that without such interim waiver, BellSouth will remain unable to use in its own enhanced service operations a service that has been available to all other enhanced service providers for some time. No parties opposed the 1997 Waiver Request. III. DISCUSSION 3. Petitioners seeking waiver of the Commission's rules must demonstrate good cause for the requested relief. A showing of good cause requires the petitioner to demonstrate special circumstances or hardships that warrant deviation from the rules or orders and to show that such a deviation would be in the public interest. BellSouth states that as the Commission has recognized previously, the tariffing of new unbundled switched access elements in interstate access tariffs requires a waiver of the Commission's Part 69 rules. In accordance with this requirement, BellSouth filed its 1995 Waiver Request and, subsequently, the instant waiver request. DataReach Service was one of a list of six such services BellSouth identified in its 1995 Waiver Request as being "specifically developed to meet enhanced service providers' and interexchange carrier service requests." 4. We conclude that BellSouth has demonstrated special circumstances that warrant a temporary deviation from the CEI requirement for federal tariffing of DataReach Service. We further conclude that such a temporary deviation would be in the public interest. Currently, DataReach Service is available under state tariffs to ESPs other than BellSouth. Furthermore, no party has opposed BellSouth's interim request. In the event that BellSouth's 1995 Waiver Request is granted, BellSouth must federally tariff these services. If, on the other hand, the Commission decides to deny the 1995 Waiver Request, BellSouth must discontinue the federal provision of DataReach Service. Accordingly, we grant BellSouth's request for an interim waiver of the CEI requirement for federal tariffing of DataReach Service until such time as the Commission acts on BellSouth's 1995 Waiver Request. The interim waiver is, however, conditioned upon the outcome of the 1995 Waiver Request. IV. ORDERING CLAUSES 5. IT IS HEREBY ORDERED that, pursuant to Sections 1, 4(i) and (j), 201, 202, 203, and 205 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i) and (j), 201, 202, 203, and 205, authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, and Section 1.3 of the Commission's rules, 47 C.F.R.  1.3, BellSouth's interim waiver IS GRANTED, subject to the conditions set forth in paragraph 4, above. 6. IT IS FURTHER ORDERED that BellSouth may amend its CEI plans for Gateway Services and for Synchronous Protocol Processing Services to add DataReach Service to the list of basic services that BellSouth may use in the offering of enhanced services covered by the two plans. FEDERAL COMMUNICATIONS COMMISSION Richard K. Welch Deputy Chief Common Carrier Bureau