PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-89 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 16, 1998 EX PARTE PROCEDURES ESTABLISHED FOR FORMAL COMPLAINT FILED BY MCI TELECOMMUNICATIONS CORPORATION AND MCIMETRO ACCESS TRANSMISSION SERVICES, INC., AGAINST BELL ATLANTIC CORPORATION (FILE NO. E-98-12) MCI Telecommunications Corporation and MCImetro Access Transmission Services, Inc., (MCI) filed a formal complaint, File No. E-98-12, against Bell Atlantic Corporation (Bell Atlantic) on December 22, 1997. In its complaint, MCI alleges, inter alia, that Bell Atlantic has violated requirements set forth in the Commission's order approving the Bell Atlantic- NYNEX merger, Applications of NYNEX Corp. Transferor, and Bell Atlantic Corp. Transferee For Consent to Transfer Control of NYNEX Corp. and Its Subsidiaries, Memorandum Opinion and Order, File No. NSD-L-10 (Aug. 14, 1997) (Merger Order), by proposing recurring and nonrecurring rates for unbundled network elements in certain states that were not developed according to the requirement in the Merger Order that Bell Atlantic base its proposed rates on the "forward-looking, economic cost to provide those items." Id. at Appendix C. The formal complaint is a restricted proceeding for purposes of the Commission's ex parte rules. See 47 C.F.R.  1.1208(c)(1)(i)(B). Bell Atlantic's obligation under the Merger Order to base its rates for interconnection, transport and termination, or unbundled network elements on the forward-looking, economic costs methodology requires that the Commission continue to evaluate Bell Atlantic's compliance with that order. The Merger Order proceeding was originally a "restricted proceeding" for ex parte purposes, but we modified the ex parte rules applicable to it and made it a "permit but disclose" proceeding, subject to the disclosure requirements of Section 1.1206 of the Rules, 47 C.F.R.  1.1206. The Common Carrier Bureau (Bureau) determined that this modification would "permit a fuller exchange on the complex and broad legal policy issues under consideration" in the proceeding. Common Carrier Bureau Declares Bell Atlantic-NYNEX Transfer of Control Proceeding a "Permit-But-Disclose" Proceeding for Ex Parte Purposes, 12 FCC Rcd 7750 (Com. Car. Bur. 1997). The Bureau's Enforcement Division also modified the ex parte status of a formal complaint filed on November 5, 1997 by AT&T Corporation against Bell Atlantic, File No. E-98-05, which also alleges that Bell Atlantic has violated the Merger Order by proposing rates that are not based on forward-looking, economic costs. See Ex Parte Procedures Established for Formal Complaint filed by AT&T Corporation Against Bell Atlantic Corporation, DA 97-2484 (rel. Nov. 25, 1997). Because the MCI complaint proceeding raises the same significant and complex legal and policy issues, and because a broader exchange of views on these issues would likewise serve the public interest, the Bureau is hereby modifying the ex parte procedures applicable to the MCI complaint proceeding by reclassifying it as a "permit but disclose" proceeding subject to the disclosure requirements set forth in Section 1.1206 of the Rules. See 47 C.F.R.  1.1200(a), 1.1206. We remind interested persons that if any ex parte communication is made in any other proceeding that also addresses the merits or outcome of the MCI complaint proceeding (File No. E-98-12), appropriate disclosure must be made in the complaint proceeding. 47 C.F.R.  1.1206. Persons making oral ex parte presentations are also reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation, and not merely a listing of the subjects 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)(2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. Questions relating to the formal complaint may be directed to Diane Griffin Harmon of the Enforcement Division, Common Carrier Bureau, at (202) 418-0960. The formal complaint materials are available for inspection and copying in the Enforcement Division, Formal Complaints and Investigations Branch, Room 6120, 2025 M Street, N.W., Washington, DC 20554. By the Acting Chief, Enforcement Division, Common Carrier Bureau. -FCC-