"$// PN, Pets. for Waiver of Certain ONA Requirements //$
$/ 47 CFR 1.1206 /$
"FOR RECORD ONLY"









    DA  95-454


                PLEADING CYCLE ESTABLISHED FOR COMMENTS ON
                       GTE'S PETITION FOR WAIVER OF
              CERTAIN OPEN NETWORK ARCHITECTURE REQUIREMENTS


    Released:  March 9, 1995


          On March 2, 1995, the GTE Telephone Operating Companies and GTE System
Telephone Companies (GTE) filed a petition seeking a waiver of certain Open Network
Architecture (ONA) filing requirements.  Pursuant to the GTE ONA Order, 9 FCC Rcd 4922
(1994), the Commission required that GTE file an ONA plan, file federal and state ONA tariffs,
and implement ONA requirements and nondiscrimination safeguards.   GTE filed its ONA Plan
on January 4, 1995, and it is scheduled to file its ONA tariffs on April 4, 1995.

          In its waiver petition, GTE proposes to file its interstate ONA tariffs thirty days
after its 1995 Annual Access filings become effective.  GTE states that the interstate ONA tariffs
and the Annual Access filings are due almost simultaneously, and that the timing of these two
filings will cause administrative and technical difficulties for GTE.  GTE argues that by
postponing the filing date for its interstate ONA tariffs, GTE will be able to use the end office
switching revenues from the annual filing as a starting point for developing the ONA rates. 
GTE adds that the Commission is considering changes in the Price Cap rules that will likely
require changes to its Annual Access tariff filings and its ONA tariff filings.  

          GTE also seeks a waiver of the ONA requirement for filing the semiannual tariff
report.  GTE proposes to file its semiannual tariff report on March 30, 1996 instead of 
September 30, 1995.  

          In its waiver request GTE states that it seeks a waiver to defer the ONA
implementation date of July 5, 1995, until three months after the ONA tariffs are filed.  On
March 6, 1995, however, GTE filed an ex parte clarifying its waiver request.   In the ex parte
letter GTE clarifies that in its waiver request it is seeking a waiver of only the requirements
regarding the interstate tariffs  filing date and the September  30, 1995 tariff report filing date.
GTE states that if the waiver is granted,  it plans to comply with the remaining ONA
requirements and nondiscrimination safeguards according to the schedule established in the GTE
ONA Order.  GTE also clarifies that it is already providing several interstate ONA services on
an unbundled basis.  In a separate,  previously filed waiver request GTE has sought an extension
of the intrastate tariffs filing date.  

          Interested parties should file comments on GTE's waiver request by  March 20,
1995, and reply comments by March 29, 1995, with the Secretary, FCC, 1919 M Street, N.W.,
Washington, D.C. 20554.  Copies should also be sent to Peggy Reitzel, Common Carrier
Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, and to the
Commission's contractor for public service records duplication:  ITS, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C.  20037.  Copies of the waiver request can be obtained from
ITS at (202) 857-3800. 
       
          We will treat this proceeding as non-restricted for purposes of the Commission's
ex parte rules.  See generally 47 C.F.R.  1.1200-1.1216.  For further information contact
Peggy Reitzel, Policy and Program Planning Division of the Common Carrier Bureau, at (202)
418-1579.

                         Federal Communications Commission