******************************************************** 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. 99-274 ) Southwestern Bell Telephone Company) Transmittal No. 2773 Revisions to Tariff F.C.C. No. 73) ) Pacific Bell ) Transmittal No. 2067 Revisions to Tariff F.C.C. No. 128) ) Nevada Bell ) Transmittal No. 276 Revisions to Tariff F.C.C. No. 1) PARTIAL SUSPENSION ORDER Adopted: August 24, 1999 Released: August 24, 1999 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. On August 12, 1999, Southwestern Bell Telephone Company (SWBT), Pacific Bell, and Nevada Bell filed Transmittal Nos. 2773, 2067, and 276 respectively, to revise their Tariffs F.C.C. Nos. 73, 128, and 1, respectively. All are currently scheduled to be effective August 27, 1999. These Transmittals introduce a new Volume Discount Plan for SWBT's, Pacific Bell's, and Nevada Bell's ADSL Service. 2. The revised tariff pages submitted under these Transmittals contain the following statements: In addition, the services offered under the ADSL-VDP are provided on a wholesale basis to carriers and non-carriers, and are priced on such basis. The ADSL-VDP is not offered at retail, and accordingly, the Telephone Companies do not believe that the rates therein are subject to the rate provisions of Sections 251(c)(4) and 252 (d)(3) of the Communications Act, 47 U.S.C. 251 (c)(4), 252 (d)(3), and thus has priced them under that belief. We find that this language raises a significant question of lawfulness and warrants a full five-month statutory suspension pending investigation, pursuant to section 204 of the Communications Act of 1934, as amended. Since this is a partial suspension, suspending only that language set forth supra, the remainder of each of these tariffs are hereby allowed to go into effect. We will identify specific issues for this investigation and establish a pleading cycle in a future designation order. We note that the issue of the applicability of resale discounts to advanced services offered as exchange access services is currently being considered in the Wireline Advanced Services proceeding. This Partial Suspension Order is not intended to prejudge or resolve any matters at issue in that rulemaking proceeding. This tariff investigation will be conducted in coordination with further proceedings in Docket No. 98-147. 3. Pursuant to Sections 1.200 and 1.1206 of the Commission's Rules, 47 C.F.R.  1.200 and 1.1206, this proceeding will be conducted as a permit-but-disclose proceeding in which ex parte communications are permitted subject to disclosure. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subject 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). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in 47 C.F.R.  1.1206(b). 4. 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 Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91, 0.291, the language filed under Southwestern Bell Telephone Company Transmittal No. 2773, Pacific Bell Transmittal No. 2067, and Nevada Bell Transmittal No. 276, as set forth in paragraph 2, supra, IS SUSPENDED for five months from the effective date and an investigation IS INSTITUTED. 5. IT IS FURTHER ORDERED that Southwestern Bell Telephone Company, Pacific Bell, and Nevada Bell SHALL FILE tariff revisions, to become effective on one days' notice, within five business days of the release date of this Order to reflect this suspension. SWBT, Pacific Bell, and Nevada Bell should cite the "DA" number of this Order as their authority for making the filing. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau