******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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. 98-79 GTE Telephone Operating Companies) GTOC Tariff No. 1 ) GTOC Transmittal No. 1172 ) ORDER Adopted: September 11, 1998 Released: September 11, 1998 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. On May 15, 1998, the GTE Telephone Operating Companies (GTOC) filed Transmittal No. 1148 establishing a new offering, GTE DSL Solutions-ADSL Service, to become effective May 30, 1998 in portions of 14 states. GTE describes its DSL service offering as an interstate data special access service that provides a high speed access connection between an end user subscriber and an Internet Service Provider (ISP) by utilizing a combination of the subscriber's existing local exchange physical plant (i.e., copper facility), a specialized DSL-equipped wire center, and transport to the network interface, for example the frame relay switch, where the ISP will connect to GTE's network. The DSL service offering will enable the simultaneous transmission of voice dialed calls and high speed data access over a single path, thereby reducing the need for subscribers to obtain additional lines for their Internet access capabilities, according to GTE. On May 29, 1998, the Common Carrier Bureau (Bureau) released an order suspending the transmittal for one day and requiring GTE to keep an accurate accounting of all revenue received from its GTE DSL Solutions-ADSL Service. On August 20, 1998, the Bureau released an order designating for investigation the question whether GTE's DSL service offering is a jurisdictionally interstate service. 2. On August 28, 1998, GTOC filed Transmittal No. 1172 proposing to expand its ADSL service areas to include GTOC service areas in Pennsylvania and Wisconsin. In Transmittal No. 1172, GTOC also proposed that nonrecurring charges for its Frame Relay Service, when used in conjunction with ADSL Service, will be waived from September 12, 1998 to December 31, 1998. Transmittal No. 1172 raises the same issues as were raised in Transmittal No. 1148. Accordingly, Transmittal No. 1172 is suspended for one day, following the effective date, and will be subject to investigation initiated in Transmittal No. 1148. Transmittal No. 1172 will also be subject to an accounting order to facilitate any refunds that may later prove to be necessary. 3. Accordingly, IT IS ORDERED that, pursuant to Section 204(a) of the Communications Act of 1934, as amended, 47 U.S.C.  204(a), and authority delegated pursuant to Section 0.91 and Section 0.291 of the Commission's Rules, 47 C.F.R.  0.91, 0.291, Transmittal No. 1172 IS SUSPENDED for one day from the effective date and will be subject to the investigation initiated in Transmittal Number 1148. 4. IT IS FURTHER ORDERED that GTOC SHALL FILE tariff revisions within five business days of the release date of this Order to reflect this suspension. 5. IT IS FURTHER ORDERED that, for the above purposes, GTOC should cite the "DA" number of the instant Order as the authority for this filing. 6. IT IS FURTHER ORDERED that, pursuant to Section 204(a) of the Communications Act of 1934, as amended, 47 U.S.C. 204(a), GTOC shall keep accurate account of all amounts received by reason of the rates that are the subject of this investigation. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau