WPC, 2BJZ Courier3|jx6X@`7X@HP LaserJet 5Si rm 528 lpt 2HPLAS5S0.PRSx  @\$nX@26 ZF)K3|jHP LaserJet 5Si rm 528 lpt 2HPLAS5S0.PRSx  @\$nX@   X Њ"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNreasons. First, Bell Atlantic states that its petition is consistent with the Bureau's previous  X - x[waivers granting the establishment of new rate elements to provide switched access services.l T ON<ԍ #X\  P6G;vP#Bell Atlantic Petition at 4.l  xSecond, Bell Atlantic has received customer requests for high quality survivable SONETbased  X - xxservices.e hT O<ԍ #X\  P6G;vP#Id. at 1 and 4.e Third, Bell Atlantic states that the proposed rate element will give customers additional  X- xcompetitive choices with no harm to the competitive market._T OI<ԍ #X\  P6G;vP#Id. at 5._ Fourth, Bell Atlantic states that  Xy- xits petition is consistent the Communications Act of 1934, as amended, and the Commission's  Xd- xpolicy to introduce new technologies and services to the public and to promote competition.hdT O<ԍ #X\  P6G;vP#Id. at 45. h  xAccording to Bell Atlantic, other providers already offer similar services to NESPNS in major  X6- xmarkets within and adjacent to Bell Atlantic's service area._6HT O/<ԍ #X\  P6G;vP#Id. at 4._ On June 8, 1998, the Commission  X- xreleased a Public Notice requesting comments on Bell Atlantic's Petition.T O<ԍ #X\  P6G;vP#See Public Notice, Bell Atlantic Petitions for Establishment of New Rate Elements to Offer NYNEX Enterprise SONET Private Network Service, DA 981093 (rel. June 8, 1998). No comments were filed. x  X- ` ~x5. ` ` Under section 69.4(g) of the Commission's rules, local exchange carriers (LECs)  xL"may establish one or more switched access rate elements for a new service . . . upon approval  xMof a petition demonstrating that . . . the new rate element or elements would be in the public"P ,))))"  X- xinterest."mT Oy<ԍ #X\  P6G;vP#47 C.F.R.  69.4(g)(1)(i).m A new service is any service which adds to the range of options already available to  X- xcustomers. hT O<ԍ #X\  P6G;vP#Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87313, 5 FCC Rcd 6786,  {O-6824 (1990) (LEC Price Cap Order). A new service may, but need not, include a new technology or functional  X-capability.Y T Ol<ԍ #X\  P6G;vP#Id.Y x` `  X- ` Px6. ` ` Prior to the adoption of section 69.4(g), the Commission required carriers seeking  xMto obtain new switched access rate elements to demonstrate good cause, under the general  Xv- xstandard for waiver of the Commission's rules.P 6vT O <ԍ #X\  P6G;vP#47. U.S.C. C.F.R.  1.3. See, e.g., Petitions for Waiver of Part 69 of the Commission's Rules to  {O -Establish Switched Access Rate Elements for SONETBased Service, 11 FCC Rcd 21010 (1996) (SONET Waiver  {OR-Order), and U S West Communications, Inc. Petition for Waiver of Part 69 of the Commission's rules to Provide  {O-Additional SONETBased Switched Access Services, 13 FCC Rcd 3129 (1998) (U S West SONET Waiver Order).P As interpreted by the courts, this required that  xZa petitioner demonstrate that "special circumstances warrant a deviation from the general rule and  XH- xthat such a deviation will serve the public interest." H T O<ԍ #X\  P6G;vP#Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); Wait Radio v. FCC, 418 F.2d 1153, 1158 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). The Common Carrier Bureau (Bureau) has  xpreviously granted Part 69 waivers to enable carriers to establish new rate elements "that are  xtailored precisely to their respective services" stating that "the creation of new rate elements  x[would advance the goals of the Commission's access charge regime by enabling the carriers to  xbetter match relevant costs and rate elements," thus allowing recovery of costs from the customers  X - xusing those services.8  T Ou<ԍ #X\  P6G;vP#See, e.g., Bell Atlantic Telephone Companies and Southwestern Bell Telephone Company, Petitions  {OM-for Waiver of Section 69.4(b) of the Commission's Rules, 9 FCC Rcd 7868, 7870 (para. 16) (Com. Car. Bur.  {O-1994). (Call Completion Services Waiver Order); see also Petitions for Waiver of Part 69 of the Commission's  {O-Rules to Establish Switched Access Rate Elements for SONET Based Service, 11 FCC Rcd 21010, 21020 (para.  {O-25) (Com. Car. Bur. 1996) and US West Communications, Inc., Petitions for Waiver of Section 69.4(b) of the  {Ou-Commission's Rules, 12 FCC Rcd 17539, 17540 (para. 4) (Com. Car. Bur. 1997). 8 Indeed, the Bureau has granted Part 69 waivers allowing certain carriers,  xincluding Bell Atlantic, to establish new rate elements to recover the costs of their SONETbased  X - xswitched transport services. T O <ԍ #X\  P6G;vP#See SONET Waiver Order, 11 FCC Rcd 21010 (1996). Based on detailed descriptions of SONET technology, the Bureau  xzhas found that the existing transport rules do not reflect the manner in which SONETbased  xiswitched transport costs are incurred and that precluding LECs from recovering costs in a manner  xthat reflects the way those costs are incurred may result in one group of transport customers  XK- xpaying costs incurred to serve other transport customers.YK!T O&<ԍ #X\  P6G;vP#Id.Y Accordingly, the Bureau has  xconcluded, in several cases, that special circumstances existed and that it would serve the public"4,))))"  X- xinterest to grant a waiver to create new SONETbased transport rate elements.YT Oy<ԍ #X\  P6G;vP#Id.Y The Bureau has  X-also granted similar public interest petitions under section 69.4 (g)."hT O<ԍ #X\  P6G;vP#See, e.g., BellSouth Telecommunications, Inc. Part 69.4(g)(1) Public Interest Petition to Establish New Rate Elements for Switched Access Versions of BellSouth's SMARTGate Service and BellSouth SPA  {O-Managed Shared Network, DA 982271 (Com. Car. Bur., released November 8, 1998) and GTE Telephone Operating Companies and GTE System Telephone Companies Part 69.4(g)(1) Public Interest Petition to Provide Additional SONETBased Switched Access Services or, In the Alternative, Petition for Expedited Waiver of Part  {O-69 of the Commission's Rules to Provide Additional SONETBased Switched Access Services, DA 99328 (Com. Car. Bur., released February 17, 1999). " x  X- ` nx7.` ` For the same reasons, we conclude that it would be in the public interest to permit  xBell Atlantic to establish rate elements for its switched access NESPNS. Based on our review  xof Bell Atlantic's petition, we find that Bell Atlantic's proposed switched access version of its  xNESPNS constitutes a new service pursuant to section 61.42(g) of the Commission's rules, 47  xC.F.R.  61.42(g). Bell Atlantic's proposed service adds to the range of options already available  x=to switched access customers. Our existing Part 69 transport rate elements do not include rate  xLelements that reflect the costs of Bell Atlantic's SONETbased transport service. Granting Bell  xAtlantic's petition to establish the SONET Distribution Channels, Central Office Nodes, Channel  xMileage, Premises Nodes, Premises Ports, and DS3/DS1 Extensions rate elements will allow Bell  x\Atlantic to provide switched access service customers more choices and more efficient and  xreliable services. Allowing Bell Atlantic to use a rate structure that more accurately reflects the  xyway in which the costs of providing these services are incurred, will result in more efficient use  xof Bell Atlantic's existing network resources and the introduction of new services to customers.  xAccordingly, we grant Bell Atlantic's petition to establish its SONET Distribution Channels,  xCentral Office Nodes, Channel Mileage, Premises Nodes, Premises Ports, and DS3/DS1 switched  Xb-access rate elements for its SONETbased transport services.  x  X4- ` x8. ` ` Accordingly, IT IS ORDERED, pursuant to Section 69.4(g)(1)(i) of the Commission's rules, 47 C.F.R.  69.4(g)(1)(i), the petition filed by Bell Atlantic IS GRANTED. x x` `  hhFEDERAL COMMUNICATIONS COMMISSION x x` `  hhYog R. Varma x` `  hhDeputy Chief  X -x` `  hhCommon Carrier Bureau ",))))"Ԍ